, 1879-02-13

JuuXe DlDQEGtt yesterday morning OFcETHleI
tho exceptions to The alastcs's report III the
foreclosure ease Of Dair Va. The Chicago Il Pa
ellie Railroad Company. The suit was 10 Fore
close mortgage for 5000, ,0tN, md The ques-
tiuns talscd were Us 10 the validity Of .lc ruurt-
gage, and as 10 the payment Of foi,r kinds nj
claims, First, tliose of purtfcs who held prior
mortgages OIL land Which lad subsequently been
decided to the COMPANY for right of way uni for
other purposes: sccund, of ttloss whose lAm
lad been taken for right Of wa7, md whose
damages had brcn asccrtaInod; third, uf those
whose la.stl l'ad been takcn but tlo u.tlount OF
dusnngc not nsccrtnihet; nsHl. fourth, Of those
wilu t,a1 clalins for supplies furnished, etc.
Tho Julgo said hu fett entirely satisfied
that the Company had ppwer to gtge the mort.
gage In question, and that It was raid. As TO
those parties who Ind first Or rurchase.money
mortgages on lois conveyed altcrwnrtl tU tho
Company, a:id Who Ind llfel Intervening putl-
tiona to havo tter mortgages paIti. thu Judge
said ho did not think they liad u right to i,1-
lso in the present proceeding TO eilforcs their
elnluls SO Us 10 coutrol tic action uf tho CURT.
1hc mortgagces or l'ontilio!dcra, having tinker,
right tu forccfosa subject to tic satue. They
wvro not su far in privi,y, With s,tch purchase
niuncy mortgages ~ to be necessarily cont
psIcd To 70 pay tn' ~ h0s,rEs the Com, o,
/ different thing. 1t was wcll-setttetl
principle Of law lint T. utlor mortgage
case unless the eomplatnal,t chose, As to the
claims tor riEiit-of-wAy tnkcil. which hal bcru
prurcd or nsccrtn!ne1. ihey wrro valid lte,l,
mid Should bu satlstc,! FIRST out ut tbs proceeds
Ind not brcn fixed. thu Judge said lIe wuull to
uottitg except hy stspuln'ioa. IN regard to Tho
clal'ns Tor supnlLes, tie Judge ead by bad hoped
tho principle would l'c decided by the suprrinu
ilrummolli, tn thu lnllanaDulis, Nooulngtun
g. Western Railroad case lla, decided tilat
claItns for SUPPLIES incurred within slx months
ot te eonmu,ss.s"1 ,, m OF neIS ~ 1Hrse'os,re .;
tt prcscut in lbs. Uni.ei statcs Supreme Court.
| lis would therefore reserve his judsuiunt III
TINT pot un. !ls enlnr q . The fSport of tic
March, usll they might rot dectle ths point III
time. Tie clulms Of Wells, French .S Co. for
rent Of ears sold cascll md Tor the building
Of bridge would also 10 held under adslsc-
Ma,le for solicitors fees hy thu Company. Judge
Drum,nolnl, IN consuttat!on, Ind intit,atetl
tlat they should nut hs allowed At present, nlnl
the matter would tl,rrafosu be held in abcyanSc
for a lime untll further proceedings.
THE COLORADO MUSs SETTLED.
Tho yarluus roalls lcallng fran Chicago 10
Southwestern points held meeting yesterday
a!tesnoon At the Grand Pacific Hotel for the pur-
pose Of iaking somo action regarding the cut !n
passenger rates to Colorado points. After a
lung definite, during which each road tried IL
show that thn o.tcr was l,e cauau nf tc disturb.
nnre, tho following ,rcso'ntinn, proy!l!ns for a
restoration II the old rates. was atubtcd:
Rtso'rs!, That the 1nanagers q tha roads 4 lead;
x Wet tom rssssp s ~; 'eft tss'F snsFa ~ rfkt
agfprd tarIR sheets OF Feb, ], said restoration Ia
taks effect Fob. IL: zach asty t. tl.ls asrcehlant