New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-31
DIVIDING THE WABASH.
ORDERS OF JUDGES BREWER AND TREAT

|
JUDGE GRESHAM ACCUSED OF VIOLATING THE COM
ITY OF COURTs-THE WEAK ROADS THROWN
on JUDGE COOLEYs HANDS.
Try TELEGRAPH TRIBUNE
ST. LOUIS Dec. 80. Judges Brewer and Treat deliv'
cred iucia tt underDot In the Wabash case to-day
the effect OF wpch Is ACKNOWLEDGMENT of tho system
Ju lge Gresham wss excOriaed In diguihed way ana
the position OF eceiverCooley made very embarrassing
Judge Brewer gave an outline Of the Wabash syst-m ~
originally made up, referring TO the general MORTGAGE
the unde ryns mortgages on the Inns aoded so ne
81 stem Said he
Foreclosure proc eedngs begun In this court as
the court OF primary jurisdiction and receivers we're
appointed by this court OF tho propriey OF inc lore
closure prOcseL court Operating on the entro
property running through several STATES the y1y f of
title under isucn sale, there can be no doubt la
Minor Vs. Da~cs 81 u. D, p.44l, tlis question was
Iroceeins 1t became necessary that not merely snoud
oreclosurv prOcosdn.s De conducted W Tue one circuit
should De conducted courts OF Jurisdiction
M,s Humphreys ami Tut were "" al a haiI years
ago appoint by this court Ihrlr appoint
meat confirmed Ia every ancary court ana saey
have parIuken In such administration rs we nsso n
IL /. .ar 10 say thas MI. Humphreys WAS suR-
OF te xsnor mortgage lLdorse by tue trustees OF
many underlying NOR Cages. He was prooapy sus-
kuo ssd ts OF ca, aalrs OF This Tne gentle,
man Was named Ivy his with the Thought IL would
pcsiv.r civ s .rins IN the administration of Ho was
chosen Oh account of bis isnass car acity
The administration of the receivers was then referred
TO and the statement ade thai 1t successful Ek-
pcns-s nad been reduced and earnings increased Tue
| udgv coEtiuucd:
As appears fro certified copies OF orders presented to
u.s. the Circuit Court OF tue seventh Juicia Circuit
arIns the coIty tnat has ne etoIors exis.- 10
Federal Court, Das removed nese re.eivers anu
| mas appointed distinguished citizen Of the state o.
cni for the lines within the urls
dctol OF tnat eoDrt say, IN issg.rd OF tne com IVY
protection or local IIous There can 10 no lines
extending Iurvugn states without there e.'s d y
States local liens ny mortgages or oherwse anu m .ne
OrevlJ OF tnoso iens proceoLngs nay 10 hsuueu
nnna u%er Ana ras with tn court and this court
caius ntcut of questioning reviewing OF crtoshs
the practical question that comes before us Is
~hat uoDei rne duty Of tns cour' Is to 500
court fully protected. The power OF oreeosiIs tue
general tho po~er of apportonns tne receiv
circumstances jurisdiction OF ihe property musl % re-
ainea in tails co"r la the decree ior sar' ;e .sle
of tue nndery notgages IL was dcctee Oh
sale under l1nor mort.go se1 s 20 tuo snssf
to those obligations. but did rot assume thei IL was
proyIdeI oweyeI that tue purchasers at
sucn take the PROPERTY suolect to tho con
dion OF paying all reeever certificates outs andns
receivers debts They HE notic5 OF the ef
ioeuce these certificates Tie sale nss been ae anu
The deed fol tho property giyen. As provided py 'ne
hell b, theu until these obligations arc pail or
security tor their payment he gven as the court
! With these preliminary remarks / shall read some
order> that lave ueen suggested 10 US; ., ,,.
Tue will renIusn all roads cast oi INC MISS
issppI 10 Re- Cooley pointed TO have charge OF
under tue order OF the Seventh circuit Court
uuuerstani there are at O tue Misss,it p tnat
arc within terms OF tnat order roads tnt oesn
receivers report hat every one OF aucn ros' Win o'
exc-ptlvu, tuinK, has been operated at ioss' IL
troi OF tue lines opel of these
incur sii further loss's - tue order VIII
Mssis whose earnings shall be less than expenses.
asss gt s Ia the sc ag tas a are &
will arliver 10 receiver Cooley all books OF acr0unt
gearral books of account, but will give Judge Cooley
every AGILITY Ior their exanin.ti, III.
Tie receivers will retain possession oil all moneys now
In their hands, tat may hereafter come Into their
hands from tue earnings or roads remaiLing uner
their managemont Oh from tue PURCHASING cominlttso
sub this Tney will surrender
receiver Cooley all tne rolling stock covered by the
tne lines sure udrro and they VIII report
ali ni-pues with SUCH recnivrr resi- ecting appor'ion
ments rolling stock to tnis court.
4, operation of the lines remaining under tho control
OF these receivers will be ndepeuoent Of the operation
OF lines uf the river aud tey Will make the best ar
range;Een with n-cevrr Cooley apd AL Osher parties
| for transfer 0f huslnrss tuat are possible
Tne Odicers and eiupoyes q! t.e nnes operated py
these receivers will themelge5 tuer services
The Of order Is 10 make tho operations inc
There will DO no DISMISS OF any parties
chooses IN acton, or jurisdiction OF psrues OF propiv'
rno Will report separately as heretofore the
earnings aud expenses Of Lines IN tnor cnargo up 10
II appears from the statement furnished us by the
H ssacno ID rT arc We h that t"s
pnrcnssine CumnItre should be directd pay the
re vstry Of this court sitnIn sixty days. 100000 III
cash or receivers c,rtincat.s - give bond u comply
win ali orders OF this court Then To take ie pos
session OF the road subject to all further orors Oh tns
court.
Judge Treat defended himself against the criticism
OF the press and attorneys rdng the appointment Of
tue receivers He wisued to say that when tue applca
uUn was made, he read what Judge Snpman mad 10 say
on subject aud to tho CONCLUSION that ho was
right since that tune Tho United States supreme Court
| nved I'm u,iga m
son WHO wishes dispute point settle 1t with The
Supreme Court Tue lines east OF the river the opera
ton OF which Will be abandoned under the order pruted
above unless the receivers are guaranteed aga nst lo
arc tho foil wing: Eel River Railroa' Detroit. Butler
and ST. Louis Railroad Attica, Covington and Soutaern
Railroad; Spring ard North Western Raroal Peo-
ria. Prkin and Jacksonville Railroad; Pike County
Railroad Champaign AM coutnedston h1litoau auu Iuo
Tue above order, are not devoid of humo-. for in
stance tho ole ,catug 10 tue al portonmont oi rolling
decidedly fuuuy The stock as'kned 70 judge
operate lis iines. The stock worn out divert Cd and
lost that traffic In the Cooloy division VIII 10
| tbrOttled hot light Will grow oct OF THIS oruer'
JUDGE GRESHAM WILL NOT MODIFY His ORDER
CHICAGO, Dec 30.-Jud-e Gre,ham this afternoon ro-
fused grant the petition turn the Cnicago and
St Lols branch NJ tue Wabash tue Purchasing
Committee and entered directing Judge Cooley
to assume control OF lines east OF the Mississippi
December 81.
Judge Cooley furnished bond resev"r for the
Chicago DIVISION III was Ill tno SUI VI F<o Voo 'uo
suretus were Waiter Crane, W. IL. Wells and otto krcu-
uer. Tue Will take possessoD OF tho
Decatur and ST Louis and AL tho lines east OF tue
Mississippi River on tho same date.
| RECOVERING MORE or THE EXPRESS MONEY!
| CHICAGO Dec. 3O-Two thousand dollars OF the money
stolen by the jim Cummings train robbers was recov-
cred here to-day money obtained from Chicago
printer withheld by the detectives He 10
the man who printed the official letterheads Of the
Adams Express Company. by means OF which witrock
0ained ssion tn the express car.