St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-04-30
CASE BROUGHT BEFORE JUDGE
SANBORN IN THE UNITED
STATES COURT.
JUDGE JENKINS ACTION
FOLLOWED WITH SLIGHT MODIFI-
CATIONS TO MAKE 1T APPLIC-
ABLE HERE.
THE PROPERTY WILL BE SOLD.
A. L. Cary to Act as Special Master
in the Sale of the
Road.

Judge Sanborn yesterday made decree for
The foreclosure of the mortgage bonds Of the
Northern Pacific. The decree is the same as
that made by Judge Jenkins at Milwaukee
on Monday, with some slight notifications
necessary to make it applicable to the rela-
lions of the road and its creditors in this
state.
The application was made yesterday by the
Farmers Loan and Trust company, and the
same persons who had taken part in the
proceedings at Milwaukee were present yes
terday. They arrived in the city in the
morning and proceeded at once to Judge San
born's chambers. In the party were Brayton
Ives, president, and Col. Silas Petit, both
representing the railroad company; Receivers
McHenry and Bigelow; w. L. Cromwell, legal
adviser of the Adams faction, and formerly
counsel for the Northern Pacific; Herbert
Turner, of the Farmers Loan and Trust
company; Francis Lyande Stetson, and Vic
tor Morawitz, who are looking after the in
terests of the Adams committee and ]. Pier
pont Morgan & Co. In addition to
these, Frank B. Kellogg and C. w. Bum
were present as attorneys for the receivers.
The application asks that the property be
president of the road, Brayton Ives, admits,
4n his answer, the allegations of the COM
plant, thus removing all obstacles to the
sale of the property under foreclosure. This
is in accordance with the programme agreed
upon for the reorganization of the road, and
all the various interests are united on 1t.
Judge Jenkins granted the decree asked for,
and the substance of it was published in a
dispatch from Milwaukee, in the G o b of
Tuesday morning. In brief, 1t provides that
Alfred L. Cary is to act as special master
in the sale of the property, which is to take
place at West Superior at such time as he
may decide upon. The decree does not in
clude the sale of the lands east of the Mis-
souri, river, this being provided for in a sep
arate decree.
The matter was submitted to Judge San
born without argument, and he took it under
consideration for a few hours. Late in the
afternoon the parties appeared before him
again, and the court called attention to some
changes he had made in the decree for his
Jurisdiction, the purpose being to more fully
protect the creditors in this state. The
changes proved entirely satisfactory to the
attorneys, and the decree was signed ac-
cordingly.
Judge Thomas, of North Dakota, was pres
ent, and discussed briefly the decree as it
applies to his jurisdiction. 1t was arranged
that the party should appear before him in
North Dakota on Saturday, when he will
also enter a decree of a similar nature
Thence the party goes West, making appli-
cation to all the judges through whose juris-
diction the line passes.
Mr.. Ives spoke very encouragngly of the
future prospects for the Northern Pacific, and
expressed satisfaction that all interests are
unit now regarding it's management. The
great bulk of the bondholders and the stock
holders favor the course that is being pur-
sued, and it would be but a short time until
the affairs of the company were Strengthened
out. He felt satisfied the decree would be
Endorsed by the judges farther west, the
same as it has by Judges Jenkins, Sanborn
sud Thomas.