St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-15

the Hawks and Evans Indict-
meHts.
Judge Henry c. Caldwell, as United
States circuit judge. signed a decree
yesterday i'll the Northern Pacific rail-
road case. The decree is ancillary to
the one entered by Judge Jenkins. of
the Eastern district of Wisconsin, ap-
pointing receivers for the road. In the
order made yesterday, the same receiv-
ers are named. Messrs. Cakes, Payne and
Rouse. The decree covers all the prop
erty In this state. and the object of
the proceeding is TO cover property that
may possibly have been left out in the
proceedings formerly had. The order
made yesterday turns over to the re-
celver the steamship property, docks.
coal yards, as well as all the other
effects, such as land, roadbed, rolling
stock and other effects which were
covered in an order made previously.
The company has q steamship line Oh
the Columbia river, and also in the
Duluth district OF Lake Superior, and
IL Is these and their appurte-
nances especially that were intended to
be reached in the order made yesterday.
In appointing the same receivers as
named before, Judge Caldwell SAID he
would not require additional bond. He
imposed, however, restrictions that are
not named in the decree entered in Wis
consin. but they are the provisions Judge
Caldwell invariably imposes in appoint
ing receivers for railroads. These con-
| dltions relate to making operating eX-
penses. labor and material, judg
ments in personal injury cases and
| on actions growing cut OF freight
| and passenger traffic, paramount liens.
which must be satisfied before paying
the claims OF the mortgages mentioned
in the bill. An effort was made to in
duce Judge Caldwell to modify his con-
ditions, but he stood by the rule that he
has enforced for a score OF years in such
cases, and explained that it was his
purpose to secure the people of this
state the right to sue and secure
judgments against the company in
cases of damage to person or
property, and that they shall have
primary liens for their judgments, and
that they should have the whole prop
erty as security for their valid claims.
In another connection Judge Caldwell
SAID that he has no purpose of hasten
ing the payment of such claims by the
receivers, but he would hold on to the
property until all valid claims of cltl-
Zens of this state are paid before dis
bursting proceeds to the mortgage hold
ers.
An array of prominent attorneys was
i'll the court room while the matter was
considering. among them being James
Mcknight, of New York; Gen. Wink
Ter. Milwaukee; Senator Z. K. Davis,
Hon. John e. Spooner, Of Wisconsin;
James Lawrence, OF Minneapolis; d.
/. Stevens and James E. Markham, Of
this city, also John Ii. Mitchell Jr. and
T.. +. Selms, OF counsel for the Northern
Pacific road.
The application for the appointment
of receiver was made on the bill of
complaint filed i'll the Eastern district
of Wisconsin. and in which p. b. Win
ston, The Farmers Loan and Trust
Company of New York and others are
named as petitioners. The bill recites
the mortgage liens on the road and their
effect and mentions that among the as
sets are 46,000 900 acres of land, part
asks for the foreclosure of
the second, third and consolidated
mortgages placed on the road and prop
erty, and alleges default in the payment
Of interest coupons. The mortgages
asked to be foreclosed by the bill are
as follows: The second general
mortgage made to the Farmers Loan
and Trust company for S20,000,O00. the
third general mortgage made 10 the same
company for S11, 461, GEO. and the consol-
idated mortgage made by the Farmers
Loan and Trust company, as trustee,
! to secure SD, 900, 600 i'll bonds. issued to
pay off the three prior general mort
cages, also TO secure bonds for S26, 000,
| 600 to be used in acquiring other rail-
roads; so. 100000 i'll bonds to be used to
secure other roads; S20,000,00 in bonds
| to provide terminal facilities, ETC., and
$4,000, 900 in bonds to be used in paying
premiums on other bonds. The allie
Cation is made that the company is in
solvent, and has not enough property to
pay it's liabilities. There was not much
difference of opinion among the several
attorneys in the case, and such points
of variance were disposed of by Judge
Caldwell, who Indicated that it would
be necessary for the parties to agree OH
some of the disputed points before the
| receivers could be named.
A statement of the case embodied in
the bill of complaint was made by Mr..
Lawrence, of Minneapolis. and he also
read formal order that had been pre-
pared, and which was subsequently
signed by Judge Caldwell, after making
several alterations. Ii. T. Stevens and
Senator Davis took part in the discus
sion on points raised as TO the provisions
of the decree, but the whole matter took
but little over an hour of the courts