St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-04-13
ON THE CROSSINGS.
Judge Young Makes Move T.
ward the Final Settlement.

ward the Final settlement.
Judge Young Yesterday filed de-
ciSion in the three-cornered crossings
middle between the st. Louis and Man.
toba roads and the city of Minneapolis,
that is big with Importance to the peo-
pie of this city. This decision provides
for the settlement of the crossings ques-
ton by arbitration, and does away with
the delays inseparable from the pro-
ceeding in the United States supreme
court.
The question came up week ago on
a motion, made in the interest of the
Manitoba by Henry w. Cannon, bond
holder of the st. Louis, that the receiver
of the Minneapolis & st. Louis be re-
quired to get together with the Manitoba
and the city and compromise the queS-
ton of bridging the tracks at the
Washington avenue north crossing.
Last summer the receiver was granted
permission to compromise the matter
with the city and the Manitoba. Trues-
dale afterWard refused to accept the
compromise agreed upon by the city
and the Manitoba.
When the motion was argued last
Saturday, the receiver contested it on
the ground that this court has no juriS-
ton is now in the hands of the supreme
court of the United States. Judge
Young decides otherwise. In the course
of the decision, Judge Young reads
quite lecture to Truesdale, saying that
he must, as an officer of the court, act
in harmony with the court. and init
ma ting that his removal may be neces-
STATED by his acting otherwise. On
this point the judge says:
$50 necessary is it that the receiver
should be an entirely disinterested per-
son, that he may execute impartially
the orders of the court, that it is laid
down as rule of law that it is not uSu
ally considered proper to appoint as re-
ceiver of an insOlvent corporation per-
son formerly connected with the cOrpO
ration management. In the case at bar
the former president of the insolvent
sci representing the parties to said ac-
ton. was appointed receiver. In some
respects such appointment seems to
have been wise, and in all respects, so
far as l am advised. entirely satiStact-
DRY to all parties in interest. The rail
way has been operated with degree of
prudence and economy that there is so
large an increase of the net earnings of
the road that a hope is expressed by the
creditors that the corporation will, ere
long, be able to resume the operation Of
the road. This speaks well for the
| fidelity and ability of the receiver. But
because of the former relation of the re-
| ceiver to the corporation as it's presi-
dent. and of the great interests which
he still appears to have in said corpora
ton, there is danger that he may lose
sight of the fact as receiver he is to lay
aside his interest in the insolvent cor
poration as such and carry out the or
ders of the court impartlally for the
| protection of all interests involved"
| AS to what will be done in the case
| further on relative to the final settle
ment of the matter, Judge Young
speaks as follows:
81 have thought proper upon this pre-
| liminary hearing and consideration to
| state quite freely my views in respect
to the questions presented by this mo-
| ton BECAUSE OF the Importance of the
interests involved, and that counsel rep
resenting the parties in interest may be
| advised of the views entertained by the
court in respect to it's power and duty
| in the premises, and its purpose in deal
| ing with the matter under considera-
| ton.
'In exercising such power it will of
| course be the aim of the court to see
that the rights of ahparties in interest
are guarded and protected, and to such
end all such parties will be heard be-
fore final action is taken. We shall ex-
pect the advice and cooperation of the
receiver in the inquiry necessary in
ascertaining the arrangement proper to
be made in constructing the crossings
| referred to. and the execution of such
| plans as may be agreed upon by the re-
| spective parties for carrying such az
rangements into effect.
ut follows from what has been said
that the objection of the receiver and
the parties who concur with him to the
motion presented must be overruled,
and time for taking evidence, consid-
ering propositions and hearing counsel
for the parties in interest will be fixed
upon at the special term, to which this
motion stands continued"