The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-15
PECKHAM TO THE RESCUE.
He Denies That Willard is Guilty of
Any Wrong Doing, and Inciden-
tally Scores Brayton Ives.

Henry Willard. of the Northern Pacific
railroad. who was charged in the
report of the master in chancery, Mr..
Carey. in the proceedings against Re-
ceiver Cakes. Of having made unlawful
gains in his dealings with the Northern
Pacific Railroad company, is in the or
lent. His counselor, Wheeler H. Peck
ham, today made the following state
ment for publication in defense of Mr.
Willard
THE statement in the papers is cal
culated to do Mr.. Willard great injus-
tice. From a careless reading it would
be inferred that in some legal proceed
ings conducted in the ordinary way, to
which Mr.. Willard was a party, it had
been adjudged by the master that Mr..
Willard had made illegal gains. Moth
ing could be further from the fact In
the consolidated suit in the United
States circuit court for the eastern dis
trict of Wisconsin against the Northern
Pacific Railroad company, Thomas e.
Cakes, it's then president, and Messrs.
Rouse and Payne, were, by consent of
the railroad company, appointed re-
ceiverS.
This inquiry at Milwaukee was not
made in order to recover anything from
Mr.. Willard. No judgment or decree of
any. kind can be rendered affecting
him. The only result that can be eff
fected is the removal or retention of
Mr.. Cakes as receiver.
Had the inquiry been conducted by
counsel. with this view only, the re-
port would have been that it was not
necessary to decide whether there had
been unlawful gains, etc, by Mr.. Viii
lard or any other director, inasmuch as
it was clear that Mr.. Cakes neither
knew or ought to have known of such
unlawful gains
THE inquiry does not seem to have
been conducted with that view
"On the contrary, its one purpose
seems to have been to attack Mr.. Viii
lard. 1t was conducted by the special
antagonist of Mr.. Willard, Brayton
Ives.
Mr.. Petit, the petitioners counsel,
put before the master the testimony
he choose. SO far as Mr. Willard was
concerned. there was no other side.
Mr.. Willard had no standing in the
proceeding, and could not be heard.
Had he volunteered as a witness. he
would have been subject to examina
ton, such as petitioners counsel choose
to have, and without the right to the
aid of counsel and without any control
by any court over the examination.
Certainly no counsel would allow
his client to be put in such position.
Now as to the charges made in the
report, l can only say Mr.. Willard most
emphatically denies any unlawful gains
or any wrongdoing whatever.
1.-THE way to try whether Mr.. Willard
is culpable or otherwise is by suit
against him, not to bring in irrelevant
matter on petition to remove receiv-
erS.
Zone such suit was brought about a
year ago, nominally by one John Swope
11x- i
terest which filed the petition to re-
move the receivers. To that suit Mr..
Willard Immediately filed a full and
complete answer. The time to take tes-
timony has long since expired and the
suit has been practically abandoned.
AS to the charges reported by Mas
ter Carey, Mr.. Willard is quite as ready
to meet them as he was to meet the
Swope case, and only after judgment
in suit brought against him and
where he has been heard will an intel
ligent public give the matter any con-
Sideration.
Now, with the testimony taken by
Master Carey, 1 am not familiar. 1t
was presented by Mr.. Petit Mr. Ives
counsel, and i am told does not war
rant the conclusion The gist of Mr.
Carey's report seems to be that in re-
gard to the Northern Pacific and Man
1toba railway, wherein it is alleged that
Mr.. Willard made a profit by reason of
compensation for his SER
vices and that he made an unreasona-
bic profit, that is stated at 1863, $3.50.
The question thus in the mind of the
master seems to have been one of re-
greet. The master conceded a right to
compensation, but said Mr.. Willard
charged too much and has apparently
allowed him nothing.
Clearly, that is a matter of opinion
on which people will differ, and on
which no one is competent to form an
opinion unless he knows the facts L
am told that items of cost amounting
to 100000 have been overlooked by the
master. If that is so ii would reduce
MI Wizards compensation or alleged
illegal gains to $163, 1910. But, as I
have said, whether the master has
drawn correct conclusions from the tes-
timony submitted to him A)es not seem
TO me of the least Importance or worthy
of the least attention.
'Exparte proceedings, without the
presence of the party charged, are too
VIGOROUSLY worthless to attract atten-
ton