The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-07-24

given as lne result vi kNt lArt EtsAit
continue In the future, there will be 4
gain OF over a hundred thousand dol
lars, the amount which will he paid ON
contracts, for the purchase Of the cars,
being that much less than the annual
sum paid for the use 0f ears ON the
road belonging to other lines, whose
place. the cars now petit.oned for, are
to take"
Additional Advantages
There will also be this additional ad-
vantage, As these payments are made,
In the course OF ten years, these cars
will become the absolute property OF
the Baltimore & Ohio Railroad Com
pany. III this contract was going 90 IN
tilct on the bond-holders any burden on
their security, or anything which could
come in between them and the realiZ-
ing of the fruits OF their marriage, l
should look upon II In a different light.
There will be no less net revenue re-
ceived by the receivers during the con-
tlnuance OF their operation OF the road,
and at the end Of the time when they
shall cease to operate It, into whosoever
hands the railroad property may go II
viii be optional with them either to
abrognte this contract, or accept II with
the payments made. The cars being
reasonably necessary to maintain the
business OF the company and furnish
facilities that are reasonably required
for its use, therefore assent TO the
passing OF the order
Chicago Division Mortgage.
At the hearing of the petition of
Charles II. Coster, ]. W. Brown and
James Bond. trustees under the chIco-
go division mortgage. after Mr., John G,
johnson and Francis LStetson,as coun-
sci for the trustees. had presented an
elaborate argument to prove that the
trustees should be allowed TO sue the
Baltimore & Ohio receivers and then get
immediate possession OF the Chicago d.
vision from them, and after the court
had strongly intlmnted It's dissent, while
Mr. Bond, counsel for receivers, was re-
sisting the application for leave to sue
the receivers, counsel for the trustees
interrupted the argument 20 suggest
that they did not care TO press the APP
plicatlon for leave to sue the receivers
II It was understood that they would
not be In contempt OF the court by
bringing suit against the railroad COM
pany and not the receivers Mr.. Bond
stated that In his opinion they had al
ways had n perfect right 10 sue the
railroad company. but no right 10 make
the receivers parties so as to deprive
the court OF the possession OF the prop
ertv through the receivers.
Must Sue the Companies.
Thereupon. Judge Morris having sta
ted what he understood to be the mat
ters on which the counsel agreed, the
court passed an order retaining the
petition of the trustees for future ac-
tion, stating that the understanding
that the trustees might institute any
suits that they Observation-Disclosures
railroad companies, but not against the
receivers. and that II In such suits they
should obtain an order appointing re-
ceiyer OF the Chicago division, they
might then apply 10 the court for an
order giving such receiver possession,
hut that they should not attempt to OBJ
tain possession from the present re-
celvers without first applying to the cir
cult court OF the United States for the
district of Maryland. This leaves the
trustees free 10 10 what Mr. Bond con-
ceded their right TO do. such suits being
open to defense on the ground that the
trustees have no right TO proceed until
after ninety days default, but there can
be no disturbance OF possession Of the
circuit court for Maryland without frs.
obtaining an order from that court.
Counsel for both sides expressed
themselves as satisfied with the order,
but the lawyers who were In court not
engaged in the case, seemed TO regard
It as a concession 10 the position of the
receiver,