The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-13
TIE UNION PACIFIC CLAIM.
Report From Attorney General
Griggs to the Senate.

Attorney General Griggs has forwarded
nection with the receivership fund Of the
Union Pacific Railroad Company:
Il invite attention TO the statement
contained in the report of the special
counsel of the United States. dated April
"a. 1900. by which it appears that the
United States, by virtue of its claim for
deficiency on account of the kaQsas Pa
Cific debt, had no lien upon the fund re-
ferred to, but had merely right as an
Unsecured creditor, to demand and re-
ceive pro rata payment upon the
amount of its deficiency or indebtedness,
in common with other unsecured creditors
of the insolvent Union Pacific Railway
Company.
Il also beg to call attention to the fact
(which is made absolutely clear by the
statement of said special counsel in his re-
Fort of April "a 1900) that the Department
OF Justice did not agree to the appropria-
ticn of the fund In question in the NAH
ner stated in the final paragraph of the
Senate resolution. but that the rights of
the United States were determined and ad-
judged by the court upon the report of
the said special master. and that the only
consent or agreement entered into by the
pears on page 1876 of the copy OF the mas
ter's report and order and decree of con!ir-
nation and distribution. This stipulation
was a mere consent in procedure TO the
immediate submission of the masters re-
port for hearing, without the filing of ex-
ceptions on the part of any of the
claimants. and for the entry of decree
in accordance with the said report. 1t
was to the manifest advantage OF the
cd hat uc}, cf{ ioti hpn
be made, because thereby the United
States was assured of the benefit of the
report of the said master made in its
behalf and was saved thereby delay and
risk of modification or. reversal. which
might have followed from the filing of ex-
ceptions by any one of the numerous
claimants to said fund.
81 call attention to the fact that not
withstanding the United States had. by the
sale of the Kansas Pacific Railway, col
leotei the sum of S6.303. 900 upon it's debt
against that road. the counsel for the Gov
ernment succeeded in maintaining before
said master and before the said circuit
court the claim of the United States to
have its dividend computed upon the total
amount of principal and interest due on
the Kansas Pacific Railway, without de-
duction of the amount received by the sale
of said road. thereby receiving a dividend
upon the amount of said claim. as proved,
in the sum of s13.69s. .29496 as a basis
for the dividend and distribution decree.
The right of the United States to have
its dividend computed upon this larger
sum. without deduction for the 5000 900
paid on account thereof, was one of much
legal doubt, and the success of the special
counsel of the United States in securing
froIn tie court a report and decree in It's
favor uDon this question was justly re-
garded by this Department Us a subject
for c3rgratulation. The prompt ccnfirIna-
ticn of the decree without the filing of ex-
ceptions against such allowance in behalf
of the United States was an object to be
secured if possible. and the consent re-
ferred to did secure that end