The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-12-13
RELIC OF THE DAYS OF IVES
The c., Fl. & D.-Vandalia Deal Before
the United States Supreme Court.
Notion to Have the Case Brought Directly Be.
fore the Highest Tribunal, Because the
Appellate Judges Cannot Try Ii.

A United Press dispatch from Washing
ton says that ON interesting case came mp
in the Supreme Cont of the United States
yesterday. It was q Renaissance of the
reign of Henry s.. Ives, the young Napoleon
of finance, whose stock-jobbing operations.
eight or ten years ago, startled financial
and railroad circles Mr.. Maxwell. attor-
ney for the Cincinnati, Hamilton q Dayton
Railroad Company. q corporation of Ohio.
asked the court to exercise the discretion
vested in is Dy the terms of the act Great
ing the circuit courts of appeals and order
before is for consideration. as In the first
instance. the full record of the case of the
Cincinnati. Hamilton & Dayton Company
VS.. William X. McKeen, appealed from the
Circuit Court for the district of 1ndi-
ana The origin OF the case was this:
When Ives obtained control Of
to extend it west from Indianapolis to the
Mississippi river. This be could accom-
plIsh by the control of the Terre Haute 81
Indianapolis railroad, and to secure it he
paid to Mr.. McKeen. president and practl-
cal owner. sss9. 900 in G., H. ID. notes. and.
rs trustee for the c., III. ~ ID. road, 1868, 600,
making 81 $4,000 in all. When the old
stockholders regnined possession of the
OlnCt0uatl, ubLQlllOu an Doy lOu tuOt e
pudiated the purchase of the Terre Hause
d Indianapolis. and brought SUIT against
Mr. Nckeen torecoyer the Sss9.OOO paid him
by ives. The court below found for ME-.
McKeen. In making the motion. In which
be was supported by Attorney general Mil
Ter. who was familiar with the acts and the
situation. Mr.. Maxwell disclosed a singular
state of affairs. He said the Circuit
to the Supreme Court certain
questions of fact for consideration
but he believed the certification was irrsg-
ular and insufficient. and that the court
1t could not. he said, be heard by . court
of appeals in the Seventh circuit. for the
reason that none could be organized.
Judge Gresham. of the Circuit Court, be-
cnuse of his relation to the parties, de-
clined to sit. and Judges Woods and
jenkins were disqualified by reason of
their baying previously passed upon the
case. Associate-justTce Harlan. assigned to
that circuit, is about to leave the country
for a time. and no court of appeals can be
organized. If the Supreme Court should
decline to make the order requested. the
parties to the case would be remediless.
and doubts were expressed of the authority
of the court 10 grant 1t, and 1t was finally
taken under advisement.
"
Decline I'm shipments
E~ast-bound shipments of freight by all
lluc5 lIOm OulCaSO lh5b week. EXCLUSIVE "
live stock. aggregated 77,1SS tons. against
81. 4S4 for the preceding week, q decrease
of 1896 tons. and against IS. $40 for the cor
responding week last year. q decrease of
81. 761 tons. The traffic was divided MP
among the several roads as follows: Michi-
gan Central, 12. 1853 tons; Wabash. 1851;
Lake Shore. 14,50s; Fort Wayne, s,494; Pan
handle. 1864; B. 81 o.. $500; Grand Trunk,
q y q 49, t.ka a M. RI rio
6,2T; Big Four. 1914. Lake Shipments
amounted TO 1G.093. tons. against 46.025 for
the preceding week. q decrease of 35.932
tons Through shipments OF flour,
grain and provisions from Chicago
60 the sea-board by the roads In the Central
Traffic Association amounted to 39.204
tons. against &c. 665 for the preceding week.
an increase of 2.5f9 tons. and against 3d.
ia, for the corresponding week last year,
q decrease of Is. 9l0 tons. OF this traffic the
Vanderbilt lines carried 80. per cent, the
Pennsylvania lines, q; the Chicago Il
Grand Trunk, Is; and the b. & o. per cent.
Must Advance Their Rates.
Chairman Caldwell, of the Western Pas
senger Association. has addressed q COM
munication to the Boston q Maine and
other New England roads, calling their at
tention to the fact they have not advanced
their through rates to points west of Chi
#
by the Western roads from Chicago and ST.
Louis to the Missouri river. AS a result
their split tickets are disturbing the mar
ket at Chicago. and they are urgently re-
Quested to discontinue the sale of such
tickets Immediately. If this request is not
promptly complied with there Is no doubt
that the Western roads will adopt more
effective measures TO protect their revenues.
which means that they will refuse to honor
the through tickets of the roads that are
responsible Tor the disturbance.
Passenger Rates May he Restored.
A general passenger agen: said last even
Ing that he thought before the week closes
orders would be received from the presi-
dents of the roads In the Chicago and Ohio
river Traffic Association to restore passsn-
ger rates to the old tariff. Under the rulings
of the Interstate-commerce Commission
three days notice of a reduction in rates
must be given. and ten days notice of an
advance; under the rules of the Central
Traffic Association five day O. notice of q re-
duetion must be given. As spme of the
roads in the association have been IN tho
habit OF reducing rates without either q
three or five-days' notice IL IS thought pos
sible that the ten days notice of an ad-
vance in rates may be overlooked, so little
fsar do some general passenger agents have
OF the acknowledgements act.
Power of the Scalpers-
The ticket scalpers. if reports are true,
are 10 appear in q new role the coming
year. The brokers and scaIpers a~ssocia-
tions are getting themselves into line TO
help the railroads. the coming season, to