Railroads -- United States; Railroads -- United States -- Finance
Foreclosure proceedings had been long under way. In January, 1897, the
Government agreed to join in them in consideration of a guarantee of
a bid at least equal to the original amount of government bonds, less
payments made by the company to the Government, with interest at 3⅓
per cent per annum.[526] The guarantee was to be of cash, so that the
Government’s relations with the property would terminate completely
upon confirmation of the sale. This was the first affirmative action
which the Government had taken, and the reorganization committee
accepted it, despairing of better terms. The guaranteed payment was
in part offset by sinking-fund assets of $17,062,664, leaving a net
amount to be provided of $28,691,336.[527] By August, 1897, foreclosure
of the main line had been ordered by the courts in all the states
through which the Union Pacific passed, both under the first and the
government mortgages. Previous to this the plan of reorganization had
been declared operative, and articles of incorporation for the new
company had been filed; while the first instalment of the assessment
on the stock was called by the middle of the month. An unexpected
development now occurred. Although willing to join in foreclosure
proceedings, the Government found the decrees of foreclosure to some
extent unsatisfactory, and prepared the papers for an appeal. Objection
was particularly made to the fact that the Omaha Bridge mortgage,
amounting to about $1,200,000, was adjudged superior to the lien of the
Government on that part of the road between Omaha and Council Bluffs,
and that the money and assets in the hands of the receivers accruing
from the operation of the roads were ordered to be sold instead of
being reserved to meet a deficiency judgment expected to be obtained.
Learning this, the reorganization committee increased its guarantee by
over $4,000,000, making the total guaranteed bid $50,000,000 instead
of $45,754,060. “This increase,” said the Attorney-General, “removed
the objections to the decrees so far as the money contents were
concerned. In all else the decrees were just and satisfactory.”[528]
Even so, perhaps partly for political reasons, the Government was
not ready to allow a sale, and later in the year gave notice that
it would apply for a postponement to December 15, in order to give
Congress an opportunity to consider the matter. The prospect of renewed
congressional agitation stimulated the reorganization committee
to prompt action. “The Committee,” it declared, “has reached the
conclusion that the interests of the securityholders represented by it
and of the syndicate furnishing the funds to finance the reorganization
demand reorganization without any further delay. In this situation
the committee contemplates ... to oppose any adjournment of the sale
of the main line and to bid it in, if need be, for the full amount
of the Government’s claim, the additional sum involved in this being
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