Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1886-01-09
THE WABASH FORECLOSURE.

[From the St. Louis Globe-D Democrat.
The attorneys of the corporations
which + to have the greatest amount
of good out Of the Wabash, St.
Louis & Pacitic's misfortunes, appear
ed in court yesterday morning and
told the Judges that recommendations
found necessary in the decree
had not been completed. An ad
iournment was then ordered to
the afternoon, when they failed to pre-.
sent the decree for the reason, Wager
Swayne said, that the printer would
need to work all night to prepare the
decree so it might be presented this
morning. He said the attorneys were
endeavoring to settle a. much out of
court as possible, and were succeeding
in making compromises that would be
impossible in court. So, again the
matter was adjourned. The most i'll
terostins feature of the day, then, was
the entering of the following order by
agreement between counsel. 1t
cOnsummates a plan for the benefit OF
Jay Gould ct al. that was begun to be
put in operation some six months
before the Wabash declared itself a
bankrupt.
Whereas, On the 31st of May, 1884,
an order was entered directing the re-
ceivers herein 10 protect certain prOmis-
sorry notes of the Wabash, st. Louis &
Pacific railroad, which notes were Sc
cured by individual Endorsements and
by certain collateral trust bonds, re-
ferred to In the original bill of com-
plant of the Wabash, St.. Louis and
Pacific; and
Whereas, Said order was made on
condition that the indOrsers of said
notes should cause to be placed under
control of Thomas E. Tut one of the
receivers herein, subject to the orders
of this court, the 1900 collateral trust
bonds mentioned in the petition, upon
which said order was allowed, land upon
the further condition that each of said
indOrsers should deliver to said Thomas
E. rutt a stipulation in writing that his
liability as indorser upon said notes, or
any of them, should be in no manner
waived, released, impaired or discharg-
ed by any action whatever, taken under
said order; and
Whereas, In pursuance ofsaid order,
Jay Gould, Russell Sage, Sidney
Dillon and Scion Humphreys, the in
dOrsers above referred to, did execute
and deliver to said Tut 1850 collater-
al trust bonds, subject to the o. der OF
this court; and
Whereas, Said receivers did proceed
under the authority of said order to
! protect the said Endorsed notes, as far
as they could do so, by executing and
delivering i'll exchange for said notes,
10 the amoun of $2,lS3, 666 &c, the
notes or other obligations OF said re
c~eivers, which notes or obligations, OF
other notes or obligations since given
in renewal thereof, are now outstand-
ing and unpaid; and,
Whereas, it is shown to the courI
that the indOrsers aforesaid are willing
to take up the notes or obligations SC
issued by said receivers in exchange
tor said Endorsed notes, and thereby
relieve the receivership herein iron
such notes and obligations.
Now, therefore, on motion Of said in,
dorsers, by Wager Swayne, their coun
sci, the Wabash, St. Louis Il Pacif,
Railway Company %consenting thereto
it ia ordered by the court, that, upo
the surrender 10 the said Thos. E Tut
by said indorsers, or any of them, O.
the notes and obligations issued a.
aforesaid by said receivers in exchange
for said Endorsed notes, the said ThUs,
E. Tut surrender and deliver to sucl
indOrser or indOrsers all the collateral
trust bonds received by him under thu
order aforesaid.
Ten days have been given all partie:
to file exceptions to the masters tina
report on the road, prior to foreclosure
The report will remain in the master
custody during the ten days.
The United States Trust Company
trustee of a mortgage OH the Council
Bluffs & st. Louis railroad, has flee
exceptions to the special masters re
port on the Wabash, holding that Their,
are imperiections in the reuOr
with regard to the G.. b IL st
l.. railroads interests in the Wabasl
r~eceivership, etc. A notice was FLEE
by the Trust Company that it will cal
up the matter of the Omaha Division
for disposition to-day.
John T. and Alex McC. Agnew
holders OF Lake Erie, w. g. ST. l.
Railroad, aud Great Western of 1856!
bonds, ask the court, in an Intervening
petition, to order the Wabash receiver
to pay interest on the bonds which ha.
not been paid for over q year.
The Interstate Rapid Trrnsit Compa
ny. of Kansas City, No., was giver
permission to make the receivers par.
ties to a condemnation proceeding t.
give the lntervenors right Of way owe.
the Wabash tracks In Kansas CITY fol
an elevated railroad,
Masters reports on the following in.
tervening petions were filed: T.. w
HcGrath, +. A. Milford ct al L. E
Tut and II. K. McDougal, w. ID
Sigler ct al, B. w. Lewis ct al, and
D. Adkins ct al.
The celebrated blooded calf damage