St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-06-14
DECIDED BY COURT.
Whether the st. Paul & Northern Pacific
Should Gross Certain University
Ground.
Ex-Vice President Of the New York Central
Offered Receivership Of the West
Shore.
Santa Fe and Southern Pacific Roads
Boil Over and the Presidents
Called Upon.
A Dull Week in Traffic Circles--
Arbitrator for Nebraska Cattle
Percentages.
The Northern Pacific wins.

The Northern Pacific Wins.
The petition of the ST. Paul & Northern
Pacific Railroad company for the appoint
ment of appraisers to condemn lands in
East Minneapolis had its final hearing in
| the district court yesterday. d. A. Sc
combe, for the railroad company, presented
| the petition, and took UP the objections
which had been made in the various an
swers. He submitted the articles of incor
poration and the amendments thereto made
| in 1874 and 1884 to prove the road had ac-
quired the right to construct one or more
| lines of railroad from Brainerd to ST. Paul
| by the way of Minneapolis.
Attorney General Hahn, for the respond
| ents, raised objections to the articles of in
corporation, claiming that in the first place
| the amendment which gave the road the
right to construct one OF more lines had not
been published as required by law
until after these condemnation proceed
| ings were commenced. In the second
| p lace he did not think the directors OF the
road were legally authorized to adopt the
amendment. There are two sections OF the
| statutes, one requiring publication and the
| other majority OF the stockholders to
adopt an amendment. In either event the
railroad company had not complied with
| the requirement. After some further dis
cuSSion the court sustained the objection,
whereupon MI. Secombe said the petitioner
would proceed under the privileges and
powers antecedent to 1884.
| THE ENGINEER TESTIFIED.
! J. W.. Kendrick, the chief engineer of
| the road, testified in regard to the lines
already built, occupied and proposed. He
| Lotto tod hot 10 lin inc
the contest, is the main line and the line to
st. Paul contemplated.
DR.. w. w. Folwell, ex-president of the
Minnesota university, was called as a wit
ness by the respondents and testified to the
| location of the buildings and Improvements
contemplated.
| Mr.. SecOmbe objected to evidence on this
point and the attorney general answered
that the university had number OF i'm
provements in anticipation which would be
| interrupted by the proposed line. 1t it
could be shown that the line will destroy
| the facilities and neceSsitate the removal OF
| the university, which has been created by
| the legislature. then the road cannot be
called public benefit.
THE RAILROAD WINS.
| To this Mr.. Secombe replied that the land
| in question had been sold in great part
and was no longer university land The
railroad will not touch the campus but
merely passes by it.
| After consultation the court sustained
Mr.. Secombe's objection, saying that the
state did not properly appear in the pro-
ceedingS. The land in question is in the
name of the regents of the university and is
not university land. The question of in
jury to the campus could not therefore be
considered. w. W. Hayward, Charles
Robinson and Asa r. Camp were
APPOINTED COMMISSIONERS
to condemn the land and assess damages
The state may urge its objections in another
form, but this decision of the court is re-
garded as settling matters, so that definite
adjust will be the result. The case has
| naturally created great deal of interest.
and the decision of the court will be almost
universally approved, as the action of the
regents in attempting to prevent railroads
from entering the city, through motives
which appear to be neither public-spirited
nor just, has been generally condemned.
There was distinguished array OF counsel,
D. A. Secombe, Judge Shaw, Hon. E. NJ.
Wilson and Judge Springer appearing for
the railroad company, and Attorney Cen
eral Hahn, Judge Clark and Gov. Cush
Davis for the state.
The Proposed West Shore Receiver.
PHILADELPHIA, June 13.-The future
action of A. j. Cassott, late vice president
of the Pennsylvania railroad, and at present
director of that company, has had the
offer of the West Shore receivership under
consideration and has about decided to ac-
cept it. Should he do so, there is no doubt
that he would adopt rigorous measures to
bring to close the present disastrous rate
war. Rumors were ahoat this morning
that Mr.. Cassott had been mentioned as the
successor to President Rutter of the New
York Central. His friends, however, de-
clare that even were he offered the place,
which is not likely in view of his Pennsyl-
vania affiliations, he would decline it,
Too Much Stock.
PHILADELPHIA, June Investigation
made by the officers and directors of the
Central Transportation company shows
that there has been an overissue of stock
| amounting to 300 shares, and that the stock
has been marketed at from 1913 to $44 per
share. The fraudulent issue is alleged to
have been made by Joseph T. Cottringer,
formerly secretary and treasurer of the
company, by operating on certificates COM
ing to the Office for transfer, raising them
from $40 to 100 shares. An authoritative
statement is made of this by
President John Stevens of the Central
Transportation company, who says that the
discrepancies were discovered about three
weeks ago by an expert. Cottringer has
no property, and detectives are in search of
him. The president also says the overis-
sue cannot amount to over 10 per cent. of
the total stock, affecting it to the amount
of So per share.