The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-22
HERCREDIToRS
GOVERNMENT CLAIMS THE SAME
RIGHT TO FORECLOSE
MORTGAGE.
POSITION IN UNION PACIFIC.
GOV. HoADLEY ARGUES AGAINST
ALLOWING THE CREDITORS COM
MUTATION COMPANY
40 INTERVENE IN THE MATTER.
Claims That Such a Thing Would
Only Be REMEMBERING the Case
NeedIessIy.

In the matter of the Union Pacific
foreclosure suits and the petition Of
the Credit Communication company to
be allowed to intervene, the United
States government had a hearing yes
terday Judge Sanborn and Judge
Munger, district judge for Nebraska,
were on the bench.
Ex-Gov Hoadley, of Ohio. is the
counsel for the United States. Gov.
Eoadley ridiculed the claims for recos-
milton of the Credit Communication COM
pany, and maintained that it had no
right of intervention. Gov. Hoadley
contended that they were neither
+ necessary, nor proper parties to the &C
tion, and that it would be simply
encumbering the case to allow inter-
vention. Mr.. Coombs had a company,
but not railroad company. On what
principle Of equity could the bridge
! company become a necessary or proper
party to suit brought by a mort
agee to foreclose against the Union
Pacific? He could think Of none eA-
cept that which would permit the III
PREVENTION of every ferry, skiff Or
! bridge passenger in these proceedings.
Supposing he had been informed of
the existence of such an entity as the
petitioner and had made it party
to the foreclosure proceedings, would it
not be said that the petitioner had
nothing to foreclose, nothing to cut
of his equity of redemption, and would
nOt-the petitioner go out Of court upon
the bare statement of his case? Mr..
Coombs presumed the right to appear
for the middle Northwest. He might
as we'll appear for the middle of-the-
road Populists or the north wind. This
twas not equity practice-it was stump
speech practice. The petitioner was
the owner Of a stock yards and above
the granting of the pigs, and the
lowing of the cows, could be heard the
voice of Attorney Coombs, saying he
would buy other pigs and that he had
8 right to transport them over the
Union Pacific, somewhere into the
great city of the future.
Gov. Hoadley said the petitioner had
owned one bond and that was not due.
Who said it would not be paid when
due? Convinced of the weakness of his
case, Mr.. Coombs has bought eleven
shares more of the Union Pacific stock,
but failed to show up at meeting of the
stockholders. Upon whom could he
serve? Mr.. Coombs' clientele Middle
Northwest? Coombs and the bridge
company and the Communication COM
ipany, partners in life and death, stood
together and wanted to be made par
ties defendant on the ground that some
body might have to cross the bridge at
North Platte In order to do so, he.
COMBS, would have to bring himself
into some mere definite relation than
the fact that he owns a bridge 100
miles from the Union Pacific. AS owner
of a single bond, the petitioner could
not be heard until there was a default
in the payment of the same. The con-
tention of obstruction died thirty-four
years ago, being done to death by
President Lincoln, who definitely and
finally exhausted the powers of the act
of '64 to locate the railroad. Where
was the voice heard in legal remon-
strances to the administration that
fought the war? 1t was a destructive
road that Mr.. Coombs intended to build
as a sucker to the Union Pacific.
Gov. Hoadley said he had been in
structed by the government to secure
every lawful advantage and concede
nothing that was not fair and just. He
denied emphatically the insinuation
that there was a combination between
the government and the organizat ton
committee in the proposed sale of the
latter, and paid high compliment to
the ability and integrity and native
honesty of Grover Cleveland.
Judge Dillon, Of New York, began
his argument in the afternoon on behalf
of the Union Pacific stockholders and
reorganization committee. He said the
petitioners maintained the proposition
that the mortgage could only be en-
forced by forfeiture. The right of re-
demption was an insperable incident
of every mortgage, and the govern
ment had the same right to foreclose
as any other creditor.
New Wheat Outlook.
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