The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-20
RECEIVER POPE WINS
HIS ROAD SECURES a JUDGMENT
FoR OVER &soo.o0o.
Judge Baker Holds that wonon and
other Roads Illegally Swallowed
Jp Chicago a. Atlantic.

Judge Baker has rendered a decision in
one of the biggest railroad. cases ever
brought in the United States Court. Over
$500. 600 is involved in the case, which
amount. if tho decision of the court is sus-
tanned on appeal. will have to be paid out
of the Golfers of the Monon Railway Com
pany. The title of the suit is Charles T..
Pope, receiver, against the Chicago & In
dianapolis Air-line; Indianapolis, Delphi &
Chicago; the Louisville, New Albany & Chi
cago railway corporations, and Erastus w.
Hubbard and Morris Sharp, trustees. The
suit also involved a cross bill filed by Nor
ris Sharp. against the Chicago & Indian
apolis Airline. The records in the case have
been piling UP in the United States Court
for fourteen years. Charles E.. Pope. as re-
ceiver of the Chicago a South Atlantic rail-
way. brought suit to recover the value of
the insolvent corporation which, he alleged.
the defendants had illegally swallowed up.
The Chicago & South Atlantic Railroad
Company was originally organized in the
State of Illinois. but was consolidated with
another branch, about to be built from Del
phi to Dyer. md. the original inten-
ton of the incorporators being to build the
road from Chicago TO the gulf. Savannah,
Ga, was to be one of the Southern termi-
nails of the system. The Indiana branch of
II COIDOi1liOi1 StEuiGd a li5ht Vi II
through several northern counties and the
road was partly constructed between Delphi
and Dyer.
The first litigation began fourteen years
year ago when the unfinished branch be-
came the property of the Indianapolis, Del
phi & Chicago and afterward became a part
of the Monon system and it's branches.
Charles f.. Pope was made receiver by the
United States Court and shortly afterward
filed a suit for the recovery of the full
value of the uncompleted line 1t was al
legged by the receiver that the defendant
companies so embarrassed the Chicago d
South Atlantic that it was compelled to
dispose of it's right of way, roadbed and
Oct. 5. 1892. Judge Baker, of the United
c. Walker, of this city, special master in
chancery to examine the merits of the It'll
CATION. In 1893 Judge Walker filed his report,
Yesterday in the decision Of Judge baker.
During the last two years the case has been
argued in various forms before Judge Baker.
argument in the case and since then has
devoted much time to an examination of
briefs fled by the attorneys. w..
The defendants held, when Judge Woods
appointed the receiver, that the appointment
was invalid on technical grounds that the
action. 1t was also contended that the Chi
cago & South Atlantic railway was not prop
erly Incorporated.
the master. instructed the clerk to enter
judgment for $168, 922. IS against the defend
ant corporations. with interest at the rate
of 6 per cent, from March 4, 1881, to the
date when the final decree may be entered
The costs in the case xiH be nearly $1,000,
which are assessed to the defendants. This
amount, with the Judgment of the court
ara the interest will aggregate nearly $780,
600. If 1t is held in the higher court that
Judge Woods was without authority in TAX
ing the primal step in the case. the decision
of Judge Baker must be reversed.