New-York tribune., 1897-07-24
FIGHT FOR THE B. AND o.
rwo DECISIONS HANDED DOWN IN
BALTIMORE.
RECEIVERS UPHELD IN THEIR EFFORT TO GEL
NEW EQUIPMENT BoNpHoLpERs WANT

prcEIyERs UPHELD IN THEIR EFFORT TO GEL
NEW EQUIPMENT -BoNpHoLpERs WANT
p A RECEIVER IN THE WEST
,,,,,r,r. JuIv "a fSpeciaD.-The receivers Of the
pa,,,more and ohio Railroad won another victory
., the courts to-day Judges OF the Chited states
Court sustained them In cases that were up io'
hearing. ,.rs Cor
The first case was a petition by the receivers io'
orn,iss,on 10 issue receivers certificates 10 the
pn, =, 90 am c,N for the purchase OF new freight
- and locomotives Circuit Judge Con ana DIS
,o, Judge Morris heard the argument, ana ue-
cided In favor of the petitioners In ms ue0'
ridge C;ofr took occasion to commend tue 'a
ment of the property by the receivers s"'''e :"
part: ,,,,o, and state
tnis therein contained and report Of me & aSeW
made Saasf 0sen for this adeHa the
roillng stock mentioned in the pstdVnh eva Ohio Railroad
mnany y, has been deficient in this rsspec ,r ns
1eport OF the receivers shows ,hat rnosr Of rent
sny me cars Of other roads for use In sa ohe
tre,ch, over the lines OF the Ba,moh rchese Of this
rGaq rGas;ona stock viii. not Increase the b
the contrary L Will decresse "a be road in the hands
onpaer he receivers OF which the bOndholders can
complain, on the sonrary hoa surplus Sl in the hand.
pens be recevers SO that particular ch e m,s o.
sndIuTSsa has IS Sssn shown 'ha; Or
kmT cars tina, were absolutely nd oisao cars There
the ysr two hundred locomotives that could n9t no.
turn wheel great dea' n,, o, !, has been demon
pendsd hat great deal of their equipmsn,,, 'hSn o
supposed TO be in at least monera Sas turned Out
condition to Se Ssfs dscien
and 'he5 6re1 deSenss Of ns cour, SS
W Wi, be 0T made nhltid under this petition.
,udre Morris in his remarks said .,s.
!, this proposition for the obtaining 81 Of OBJ
II vas one which involved the impSs"S S,rcbe A.
he
salSf n.naS should regard in deTsn fss annonnce sms
rs un ,G made by the Circuit Judge ana otfa that
m nie nxrress that accord. From the coh5a III rnwal
would 90 InT haye to be paid out Of The In
CONE less than he bSronSing Srrsni 20 other rail-
paid Tor htrefors nS there is no ehsIge pni v
on the in the hands ,bs S armres ,nx which
this Ts s the result Of the past year eSninSe @ ~
Inc future there will I'm be H. baid s1in on on Contracts for
the the purchase Of the being that m m"S cas on
than the annual sum patd 10, ss ht whose place the
tns rT now pettioned for. are 10 take sa insie sx
sS ee :hs a ssd50nsi IN he q these
,more and Ohio Railroad Company
Judges Gor and Morris granted an oiue' "
,rs tho holders of the first mortgage oonos vi
the chicago Division of the Baltimore ana oni1
system 10 sue in the courts OF ONO hu'aii" "'r
Jn,,o,s for separate receivers for that p9rsos % VI
the Tcbad he by Counsel for bondhoders
,ba present receivers. and carries VII" "a -
ausnnen, anu @ that no attempt will be nade III III ei
TTes,ern courts obtain possession u ptHars vii,
Mes.ern rrnnderstood that the mortgage holders w,n
ial AZ IN chcae go for receivers. anu on theli a.
nuppiRntroent bring an action in the Bal'h'oio ''
for nossession Of the property. . ,, os the
The property in controversy II hnnmraaS and
psl'iuore and Ohio and Chicago ha!ie ha!Ioae, anJ
trrs sn important part of the BaitimoIS an n
chtn svste,n furnishing ii does the oils ~
,rancs 10 Chicago for the trains OF that 'S yvucox
tLe.t.to,a,s ,o the case are &. II. toster j. NhcoA
petitioners m lanes @ Rond substituted trustees un
De- The mortgage Of 1sSI 10 secure tne p'! !nd - T..
- s0i 0s1 most Of which is held abroa1 am raihi
rrDera1lv believed that the action was pio S,m
3, tbe instieation of J. 2. Morgan o. oi ~"
Tork with a view of obtaining greater @ ilinue.as ~
a. ,he AFFAIRS of the system than they ny Po
- and of placing themselves In pos,''oss s -
fect.aIiv TO check any action on the par. % % ths
ttecc.uamy ~ check any action the part OF the
receivers of other portions Oh ''e '0" Va
they do rot approve. -. l.. ,,rdars,ood
iudee Morris having stated what he unntts s'oSa ~
s.a ha The matters on which the counst! dfrceu
SoY-- ma ssed an order retaining the petltloh oi W.
,,,stees for future action stating the =,
ng that the trustees might Institute suns natv
s rairoad companies but not against me Iecet, "
@ nd that II Ia such suits they should ootain an
order appointing a receiver or the meas rhar CIV
,hev might then apply 10 the Court of al, vi heSuId
s,,cS receiver possession but that lne! siou
s otten,nt IN obtain possession from the ~
,acavere without first applying 70 the CrSu' ou
- ~ I-nited States for Maryland Ihs IedneS
be frusees free 20 DO what MT i5ond: tne,r MI onen
.ei conceded their right to do such SUITS pese op
- aesance m the ground that the trustees nav ~
,tob, 70 proceed until after ninety aays aayS,or n;
a55 .here can be dstur ba nee OF ass, on, ,u
~ rIrcuI, Court for Maryland without hts' ""'"''
ing IN order from that court