The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-29
RAILROAD MENUNEASY
NUMEROUS OFFICIAL CHANGES
MAKE employees ANXIOUS.
The PennsyIvnnin's Fine Showing-C.,
some Sum for It's q. & c. Interest.

A travelling freight agent, who has for the
last twenty-six years been on the road, and
who in his travels strikes much of the ter
ritory covered by the Central Traffic and
the Western Freight associations, says that
he has never known so many railroad men
anxious about their positions. This feeling
Is largely due to the numerous changes in
officials OF important roads and the estab-
lishment Of the Joint Traffic Association.
Employees on the Wabash. the Grand Trunk,
the Santa Fe. the Baltimore & Ohio, the
Vandalia. the indianapolis, Decatur &
Western, the Toledo, st. Louis & Kansas
City, and a dozen other roads could be
named where recent official changes have
led TO the belief that changes in subordinate
o.ncials would be made which might affect
all departments more or less. Fast freight
men are anxious over rumors to the effect
that OF the twenty-seven fast freight lines
that only one for each OF the trunk lines is
TO be continued when the Joint Traffic AS
ISOLATION carries out its plans. Added to
this is the proneness of officials in every
department Of railway service TO see how
economically each can be managed. In,
many lines one clerk is now doing what two
formerly did. The talk OF reducing the
number OF passenger trains between impor-
so that railroad employees, except the loco
motive engineers, whose places are hard to
fill. and the freight brakemen. whose posi-
tons but few want, have anything but a
n. p. Receivership Case Decided.
Judges Field, Harlan, Brewer and Brown,
OF the Supreme Court of the United States.
rendered their decision in the Northern Pa
cific receivership case. holding all the
courts along the line of the road to be an
cillary to Judge Jenkins, at Milwaukee. This
decision gives the Milwaukee court the juris-
diction over the entire system In the matter
OF receiverships. The case was argued be-
fore the four members of the Supreme Court
sitting in chambers. and as individual JUS
tees presiding over the various judicial cir
cults which the road traverses, except in the
case Of Justice Brown, of the Second circuit,
who sat In the case because of the fact that
the Northern Pacific has large property in
interests in New York. which is in his cir
cult. 1t was shown at this hearing that the
first creditors bill and the foreclosure pro-
ceedings had been filed in the Circuit Court
for the Eastern district of Wisconsin, sitting
at Milwaukee. and over which Judge Jenkins
presided. 1t was also shown that this court
then appointed receivers for the entire sys-
TEN, who were for a time recognized. After
wards, however, the Circuit Court for other
districts appointed receivers for the portion
or the road embraced within their respective
jurisdictions, and such confusion and antag-
onism arose that II was feared the interests
VI Tie TOdu WOulQ De seriously 1eODarQlZed.
Exception was taken to the jurisdiction of
the Milwaukee court on the ground that the
Northern Pacific had no road. except a
leased line. within the limits of the Eastern
~ the only objection made TO its recogni-
ton, and 1t was intimated at the time of the
nearing that large majority of the inter-
ests involved would be satisfied with the
designation Of the Milwaukee court as the
responsible tribunal. and the one by which
the receiver or receivers for the entire line
6QSiOn1fa6
Justices. Field, Harlan and Brewer pre-
pared and united in memorandum of con-
ciusions, which closes as follows:
We are OF opinion that the Circuit Court
Tor the Eastern district of Wisconsin has
Jurisdiction TO proceed to a decree of fore
closure which will bind the mortagageor
company ana the mortgaged property, and
ought, therefore, to be recognized by the
Circuit Courts OF every district along the
line or the road as the court of primary
jurisdiction, and that proceedings in the lat
the real creditors, should be ancillary in
their character, and subordinate to the pro-
Gfeedings In the court of primary jurisdiction.
In expressing these views we are not TO be
understood as passing on the proposition adj
vanced In argument, but not necessary 10
De considered here, that it is competent for
circuit Court OF the United States, by con-
sent OF parties. to foreclose the mortgage
or railroad, no part of which is within
the territorial jurisdiction Of such court"
Justice Brown signed special memoran-
oum or MS VIEWS. which is as follows: IN
view OF the doubts suggested regarding the
jurisdiction or the Circuit Court of the
United States for the Eastern district of
wisconsin to foreclose the mortgage in this
case, and OF the further fact that the bust
still are, at st. Paul. / think the Circuit
Court for the district of Minnesota should
be treated as the court OF primary jurisdic-
ing before the justices assigned to the four
circuits In which the property of the road
Is located, is to secure harmony OF ac-
tion, l have concluded to waive my person
al views in Difference to the opinion OF
my brethren, and to accede to the recogni-
ton OF the Circuit Court for the Eastern
district OF Wisconsin as the court OF pri-
An order was signed by each circuit JUS
tice and has been sent TO each Circuit
curt In his circuit That order is as fol-
the proceedings now being carried on for
the foreclosure Of mortgages on the North
ern Pacific Railroad Company the Circuit
Court for the Eastern district of Wiscon-
sin be regarded as the court of primary
administration and that the proceedings in
this court will be ancllary in their char
acter and In aid of the proceedings in the
court OF primary administration. But this
court reserves the right at any time on
the application of any person or persons in
terested, on its own motion. 10 make such
orders and DEGREES as IL shall deem Just
for the protection OF the creditors of the
railroad. company residing within its iuris-
In Milwaukee the news of the decision
OF the Supreme Court naturally created a
good deal of interest. Receiver Bigelow said
Yesterday: Il am naturally delighted with
the decision, especially In view of the fact
that it upholds Judge Jenkins in every re-
spect, ana at every point. In the second
place, believe the decision is of great i'm
portance and interest 10 large section of
the country. well as of great value TO
the property interests involved i'm the road
The main thing is that IL makes one road
CT the entire property and does away with
all the unfortunate troubles and drawbacks
and harmonizes all interests. Yes: II will
undoubtedly greatly assist the work OF re-
organization and hasten the end naturally
| desires by all-something that was practi-
ditions as they were when the matter was
taken before the Supreme Court justices
| No plan could be carried out successfully
| with the divided interests. The receivers
Will undoubtedly have some important or
ders and changes to make Immediately now
that they are placed in full charge of the
| property.
The Pcnnsylvania's Prosperous Year
| II is admitted on all sides that the Penn
| sylvania system. especially its Western
| lines. made a remarkably fine financial ex-
| hibit for the year ending Dec 81 1885. Its
| total earnings for the time mentioned show
| an increase of Si.lll.ses. despite the fact
that the expenses were S7.S5O.0 in excess OF
| those OF 1894. The latter item represents
the large OUTLAWS for betterments i'm main
| tanning the physical condition on the prop
| erty at its usual high standard, and Which
| in large measure accounts for the success
fNh he De- -lx-or, Ia nj