The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1894-10-20
GREAT VICTORY FOR CAKES
Judge Jenkins Dismisses the Petit
ton Of Ives ct al.
The Northern Pacific Receivers Method
Endorsed and the Petition of Bray
ton, Ives ct al Dismissed
Reading Affair.

MILWAUKEE, Wis, Oct. 15.-The de
cision of Judge Jenkins upon the mo
lion Of the attorneys for the receivers
of the Northern Pacific railroad com
pany to dismiss the petition OF Braytot
Ives and others for the removal Of Re-
ceiver Cakes, was filed in the United
States circuit court this morning. The
motion is granted, Special Master in
Chancery Carey is Endorsed and Mr..
Oakes Is fully exonernted.
Judge Jenkins takes the position thai
Mr.. Cakes position us president OF the
Northern Pacific is unique, that while
he was the nominal mead he was not
the financial head. He vas in actual
control of the operation OF the road.
and in the conservation of the property.
but not Of its cash. The board of di-
%rectors was presided over by q chair
man, not the president. Such chair.
man appointed all the committees. Mr..
Cakes had no rower, saw as one of the
board of thirteen directors, in the ae-
QUESTION OF branch lines and of ter
minals, etc.
In conclusion Judge Jenkins says:
ut was right that this investigation
should have been had, because the
record as presented upon the former
hearing left some things unexplained.
The investigation has. In the Judgment
nf the court, fullyoand completely OK.
~onerated Mr.. Cakes. However painful
may have boon the ordeal through
which he was called to pass, it is a sat
~lsfaotion to be assured that the thor.
nnrh opI AylaNesun rrar<ir,Yto
leaves his character and integrity with.
out spot or blemish. The petition will
therefore be dismissed"
Philadelphia and Reading Affairs.
PHI. ADELPHIA, Pa. Oct. 15.-The
United States circuit court was well
filed with fnanoiers and attorneys al
10 O'clock this morning when a hearing
was begun before Judge Dallas upon
the petition of the receivers of the
Philadelphia and Reading road for aus
thority to enter into al agreement I'd
mite with a committee to reorganize
the property and also for authority to
pay the commissions contemplated
therein. Lawyer Dickson explained
to the court the propositions OF
the plan. The argument was inter.
supted by Judge Dallas, who made tho
suggestion That the whole matter be
referred at once TO George l.. Crawford,
special master in the Reading receiver.
ship. The judge took this step, prima'
rily. so that other proceedings of the
circuit court could go on. The master
was instructed to hear all argument TO,
and against the plan for reorganization
and to report to the court as soon a.
possible. The hearing began before
Mr.. Crawford at noon. II
rransmissouri Freight Association Gas.
WASHINGTON, Oct. 15.-In the su.
preme court of the United States today
Chief Justice Fuller announced that
the motion Of counsel for the Trans,
missouri Freight association to dis.
miss tho suit brought against il
by the United States for VIC
lation of the Sherman anti.
trust law was postponed for a hear
Ing OF the case on its merits. The dis.
missal WAS asked for on the ground
that the Trans,nissouri Freight associ,
alton was no longer in existence anG
the court, in ~postponins it, escapes tn.
necessity of deciding the case until after
1t has been heard on its merits.