The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-28
JUDGE CALDWELL TALKS.
says the Santa Fe win soon be Out
Of Receivers Hands

says the santa Fe win soon be Out
Of Receivers Hands
FORT Worm, Tex, Dec 2S.-Judge Fl.
G. Caldwell, of the United States Court
daughter Mrs q. w. Martin. His cele-
brated decision in the Union Pacific
strike cases, which was published extern
sively all over the country ia the news
papers, will be remem bersd as one Of the
most important features of a question
that at the time attracted such wide
spread attention in this country.
The judge was asked if he had
anything to say upon the labor question.
and in relation 10 strikes. He replied
that it was a question that he did not
care 10 discuss, but he hoped congress
would soon take some action that would
result IN creating more harmonious rela-
lions between labor and capital.
When asked about the financial con-
dItiOn and future outlook for the santa
Fe road, for which he appointed receiv-
ers, he replied that the question was a
cOnundrum which he would not under
take to unravel, but that the proper com
mittee was at work in Boston and New
ork upon the affairs of the road, and
that a report would be made. Judge
Caldwell said that he was of the opinion
that financially the affairs of the Santa
Fe railroad system would be arranged
satisfactorily with q view to the pre-
servation of erybody's interests, and
that the road would be taken out of the
hands of the receivers and restored to
the company. just when this could be
done. be would not undertake to say:
it would not be done Immediately, as
the measure would involve matters
of vast magnitude. There were some
$4,000 10000 of debts to be dis
posed or In speaking Of receiverships
in general Judge Caldwell remarked
that it was not now as formerly 50 much
a matter to be desired by railroad to go
into the hands Of receiver There was
not much profit in it to the stock hold
ers in the past.
1t used to be the case that a railroad
would frequently be DESTROYS for receiv
srs to be appointed and for this there
were several reasons. One of these was
that when railroad was formerly oPer-
ated and became burdened with de BITS,
when the load became too oppressive, all
the operators of the railroad had TO do
was 10 skin out OF these debts by rushing
into the arms of "A receiver.
Another snap which a railroad in re-
ceiver's hands formerly had was with re-
gard to the payment Of taxes. 1t was
then customary for the railroad to use its
own pleasure as to the time taxes should
be paid and apparently whether they
should be paid at all not Then
a railroad in the hands of a re-
ceiver seems to have held itself
above the law of the state and run
It's trains TO suit AScll. announcer LAin0
was that in those days when railroad
went into the hands of a receiver no sur
could be brought against it except
through the court in which the receiver
had been appointed. So. if a railroad
As 3U0 miles long and citizen was in
jured by it in person property, he
must go to the court in which the receiv-
er had been appointed to obtain redress
at whatever expense or Inconvenience.
But it was different now, citizen can
bring a suit against railroad in ans
county through which the abroad passes
a point upon which Judge Caldwell
spoke was with reference to The rights 81
people who supplied material and labor
for the construction Of a railroad. 1t has
been his ruling that equity demands thai
the laborers. contractors for materials.
etc. have prior right to the mortgage
holders and that their right to be paid
for their material and labor must be re
spected.
Judge Caldwell will leave Friday in q
SPECIAL car over the Santa Fe for Calves
ton and will return to Fort Worth on
Sunday His next court Will be held in