Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-07-24
ANOTHER GREAT VICTORY
Won by the Receivers Of The B. & 0.
Railroad
In the United States circuit co%rA
at Baltimore Yesterday = The
Text of the Opinion Of Judges
Golf and Morris.


Golf and Morris.
Victory has again perched on the bhr-
ners of the receivers of the Baltimbre
and Ohio railroad, and yesterday in tFo
decisions the Judges of the Unittd
States Courts for the District Of MarA-f
land sustained them in the Gases thai
were up for hearing.
The first case was petition by the
receivers for permission TO issue receiv-
ers' certificates TO the amount OF ST.
200. 900 for the purchaseof new freight
cars and locomotives. Circuit Judge
Goff and District Judge Morris heard
the argument and decided in favor OF
the petitioners. In his decision, Judge
Goff took occasion to very highly COM
mend the management of the property
by the receivers, and he said:
"The Court taking the allegations Of
the petition and statements therein con-
tanned. and report OF the receivers made
under oath, as facts demonstrated in !.
this particular bearing as conceded,
none of those statements being denied
either by the pleading filed or in tha
arguments OF counsel, said: I'VE thl
they show the necessity for the 9
tional equipment for the rolling
mentioned in the petition. In fac
apparent that the Baltimorss fhnd
Railroad Company has been kehciehN
this respect. The report the recei
ers shows that large sam of none
has been expended ID the purpose Of
renting cars of okiser roads for use in
transporting freA sht over the lines OF
the Baltimore AID Ohio road. II seems
to us that the purchase of this addition
al stock will ndt increase the burdens.
On the contrary it will decrease them.
II will not be a burden on the income
of the road in the hands of the re- |
ceiyers. of which the bondholders can [
complain; on the contrary, it will re-
duce that exTpnse and leave, we hope
and it really looks as If 1t was dem
<.onstrated Ut would leave. surplr
the haI \the receivers SO far
part \mkef expenditure
"No'" 7"'sV port a. We'1 .
second report, of re receivers has
alluded 10. / do not have before
and probably haveNpot the exact
ures, but l remember very distinct
what took place at the time, and | reS
member what was stated and what was \
conceded. If am not very much mis-
taken, il was shown at that time that
there were four thousand or five thou
sand cars that were absolutely dis
abled. think in the neighborhood OF
five thousand cars. There were over
two hundred locomotives that could not
turn a Wheel A great deal of money
has been expended in making repairs.
but as is stated in this additional re-
port, and as has been stated by coun-
sci, in the year intervening II has been
demonstrated that a great deal of'their
equipment, then supposed 10 be in at
least moderate condition, or condition
to be put into service. has turned out
to be absolutely defective e-dangerousy
deficient-and to meet that deficiency.
cars have beeen purchased under orders
OF the Court heretofore, and will be
purchased now under orders Of the
Court. TO be made under this petition.
| do not agree with counsel in the idea
that the receivers should not go be-
yond the equipment used by the railroad
company at time that the receivers
were appointed, and should not incur
Indebtedness beyond that and based
upon that equipment. The argument
to sustain the status quo, Il seems to
me. is carried entirely too FAR. II Is tho
condition OF affairs at the time the bond
holders complain Of and the stockhold-
ers complain Of. Surely nobody desires
to keep up that condition OF affairs at
present. That brought insolvency.
That brought all the evils and woes
that the railroad, the stockholders and
the creditors have had 70 contend with
from that time to this. 1t Ia very much
TO be desired that the condition OF af-
fairs should be done away with as rap
idly as possible. So far as | am con-
cerned. feel like commending the 4
course that the receivers have pur-
sued. The care and study they have
given to the property and very valuable
reports they have made to the Court
through and by which the COW
been able to understand the exa
alton Of the property, and to "a
steps as are necessary 70 pro-
I interests OF all concerned. = + -
particulariy can We grant thi L.
4 it certainly appears that q
c4Ise a saving In the end,
wiz enable the Railroad
earn the traffic now ofeI
linesA especially from the
East, Without compelling
other 70 Us favor N
withdraw and the rent