New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-16
RECEIVER CAKES TO STAY.
TIL. PETITION FOR HIS REMOVAL DIS
MISSED BY JUDGE JENKINS
GIFTS AGAINST MEsSRs WILLARD. HoYr AND
COLBY TO RECOVER So 800 600 ILLEGALLY
MADE OFT OE NORTMERN rACIEIc

COLBY TO RECOVER So 10000 ILLEGALLY
MADE OUT OF NORTHERN PACIFIC.
Milwaukee, Wis. oct 1.-THE decision OF Judge
Jenkins upon the motion of the attorneys for the
recsivers OF the Northern Pacific Railroad Com
many TO dismiss the petition of Brayton Ives and
others for the removal of Receiver Cakes was filed
IN the United States Circuit Court this morning
The motion is granted Master in Chancerv Carey
,s indorsed. and Mr. cakes is fully exoncrated
Judge jenkins goes into a complete history of the
case from the time when the matter was referred
10 Mr.. Carr on April 26, 1884, to report his CON
illusions OF law and of fact upon four questions:
m Whether any director of the road was inter
ested in the Rocky Fork and Cooke CITY Railway
Company or the Rocky Fork Coal Company or In
tn acquisition by the Northern Pacific Company
~ the said railway and coal colnpan MES and
whether any director acquired unlawful gains
therein.
(9) The questions concerning the Northern
Pacific and Manitoba Railroad.
C) Whether there was ANYTHING wrong in respect
10 the Chicago and Northern Paciic's acquiring OF
fhe terminals at Chicago.
ID Whether the Northern Pacific paid exorbitant
rentals for the Chicago terminal lease. and TO sft
that arrangement TO the bottom
He takes the position that Mr.. Oakes's position
as president Of the Northern Pacific unique:
that while he was the nominal head he not
the financial head. He was in actual control OF the
operation of the road and in the conservation of
property, but not of its ca sh. The Board of hi
rectors was presided over by chairman. not the
president Such chairman appointed all the COM
OF the board OF thirteen directors. in the acquis-
ton OF branch lines and oc terminals etc. In con
clusion, Judge Jenkins says:
1t was right that this INVESTIGATION should have
been had, because the record, as presented upon
the former hearing. left some things unexplained
The inyeStisation has m the judemert OF the
However painful may have been the ordeal through
which he was called to pass. it is satisfaction to
be assured that ;he thorough and exhaustive in
yestisatOn leaves his character and integrity
without spot or blemish. The petition will there
fore be dismissed.
The last paragraph in the judges memoranda is
Interesting He says:
1t is suggested that it would be delicate matter
for Mr.. Cakes. as one Of the receivers TO brinS
previous MANAGEMENT of this trust. There has not
thus far appeared in Mr. Oakess conduct any in
dcation that he would hesitate through any deli
cacy OF feeling TO perform his whole duty. or To
faithfully execute the orders OF the Court. 1t viii
be time enough to deal with such question when
II shall arise
The Northern Pacific Company through Brayton
Ives has petitioned Judge Jenkins TO instruct the
receivers TO bring suits against Henry Willard col
gate Hoyt and Charles T. Colby TO recover nearly
g 100000 alleged to have been made un!awfully
through Northern Pacific deals. The petition refers
10 the repor; of Master Carey and charges that
Hoyt and Colby were associated with Willard in his
alleged illegal deals. Besides the $4,000 alleged
have been made out Of the Northern Pacific and
Manitoba deal. s22iSt is alleged to have been made
put of the transactions Of the Oregon ana Trans
Company. in connection with the chi
ego Terminal deal
About $4,000 is alleged to have been made out
If the acquisition OF the Chicago. Harlem ana Ba-
avia property. and 100000 from the purchase Of
the Bridgeport and South Chicago property
From the bond distribution by the Oregon AMI
Company the defendants said
20 have made $4,000, and from the sale Of the Chi
ago and Northern Pacific bonds by the same com
'any 81 100000 stu another bond sale is alleged II
nave Melted Sl26.6o0
In addition TO his decision in the Cakes case Judge
Jenkins filed another decision dismssing the petition
Is far as ii related TO Cakes and reserved the petit
ION OF the northern Pacific Company as to the
bringing Of the suits for further consideration.