The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-29
M'HENRY is NOW IN SEATTLE.
He Has Been Chief Engineer, and Is
Competent 10 Manage.
Bigelow to Look After Financial Mat
tiers Judge Jenkins Refused Point
blank 10 Appoint Thomas Lowry,
President of the 500, Who Feels
Hurt.

OF Milwaukee, and Edward W. McHenry.
OF ST. Paul, were this morning appointed
by Judge Jenkins 20 succeed Henry {.
Payne. Thomas f. Oakes and Henry &.
Rouse as receivers Of the Northern Paci-
nc Railroad Company. Bigelow is % be
known as financial receiver and viii have
charge Of all matters pertaining 10 finance.
AcHenry, who has for years been chief
engineer OF the Northern Pacific and
knows every inch OF the road, is 10 have
charge Of It's operation. The new receiv-
ers are ordered 10 Tile bonds OF $500. p10
each within ten days and report 70 tae
court in the same manner as their prede-
eessors. If al any time the appointment
OF a third receiver is necessary, the ap-
pointment will be made.
In making the appointments Judge Jen-
kfns disregarded the wishes of the trus-
tees and bondholders. He said the history
OF receiversnips demonstrated the inad-
visibility of appointing receivers connect
ed with coutending factions. The receiv-
ers were officers Of the courts, not agents
OF parties interested in the property, and
for this reason they should have but
single ohject-to subSerVe the interests OF
the property intrusted to them-and
should hold no other allegiance than 10 the
court
When Judge Jenkins had concluded his
remarks Herbert f. Turner. attorney for
the Farmers Loan and Trust Company.
expressed satisfaction at the wisdom dis
played in the appointments. which he
stated would be most satisfactory TO the
interests represented by him.
w II. Nandyke. who appeared Tor the
second and third mortgage bondholders.
opened with the suggestion that unless
the court had already fixed upon the ap-
pointments. Thomas +. Lowry. Of Mime
apolis. he appointed. MIR Lowry. he stat
ed. was satisfactory TO the parties he rep
resented.
II was yesterday suggested began the
court, that only two receivers would be
necessary to take charge OF the property,
instead Of three The court is not suffic
iently informed TO be able 20 declare that
the labor Of the management of the vast
property can he properly performed or
should be imposed on two persons, but. be-
ing desirous Of keeping the expenses down
TO a minimum and the suggestion being
uncontroverted by counsel. the court Will
venture the experiment and test the prac-
ticability OF the scheme. and will appoint
but two receivers. II at any time the well
fare Of the interests involved for any rea-
son demands the appointment OF third
receiver. the matter will be considered.
Il have given much thought 70 the sug-
Eestion Of Mr.. Lowry and OF other nan>es
that have been suggested 10 me and silt \
thinks II pertinent TO say by what con-
sideration II should be guided in making
the appointments of receivers. To a GER
tain degree the practice of railroad Teceiy-
erships has obtained for parties 10 agree
on one or more names and suggest them 20
the court. The appointment usually fol-
lows as a matter Of course. for If the par
ties concerned are contented. the court
may we'll be satisfied. Such receivers have
usually represented conflicting interests
uniting for one purpose. As the fight
wakes warmer between the factions, the
heat of the conflict extends 10 the reCeiv-
ers. which IN time becomes war Of fac
tions among the officers Of the court. That
was recently exempiined in A receivership
in the Northern Illinois circuit court when
the receivers Of the court, az the war be
came bitter and they became unable N
amicably execute the trust. insulted the
court by resiening on the condition Of the
anpointment of other parties individually
I do not propose that this shall ever again
occur in any suit with which | may have
anything 20 do.
Now comes the question in hand. The
receivers 10 be appointed hv this court
must come within the definition of the law
as T conStrue II. They must be men en-
tirelv Indifferent to the coutendng fac-
tfons. they must have no connection with
this fight. they must be men who are
strict and impartial and who VIII perform
the duties in single devotion 20 the trust
and with no Interior motives TO serve
They must be men Of high character cap
able Of commanding the respect and con
6derce Of the great public they are 70
serve.
with respect to the name Of Mr.. Lowry
he is president OF the 500 railway. line
supposed 10 be operated by and IN The IN
terest Of the Canadian Pacific. which IS a
competing lire with the Northern Paciiic.
and although + has been suggested 30 ne
that NJ. Lowry. II appointed youll resign
that position, the court is still very desir-
Gus that the men 20 be named should, n
possible. be. like Caesars wife. above sus-
rfcion and free from any relations with
anvrhiug antagonistic 10 the Northern
Pacific
S.aeu he had concluded Judge Jenkins
instructed the attorneys 70 draw the or
der and he would sign if.
Minneapolis. Sept -S--Thomas Low ny
was very much surprised 3hen ae receif
ea the news this morning from an Assoc
a.ei Press reporter tlat Judge jenkins
naf declined 20 appoint him enc nf the
receivers Of tie Northern Pacific rail"s as.
II said.
~ consented 20 the use OF my name Ar
the request OF meeting ia Chicago
Thursday where az the security holders
we're represented They aad sent Tor me-,
and their request vas rather unexpected
Personally IL s. matter OF lndinerencf
r5 me but r would seem that the wishes
II The security holders should az least IN
fueu-e. 2 not control tae court ~ the sp-
r.-Ertrneut of a receiver. / can imagine
taa: = u tae security holders are zee
trr rssar uncomfortable over the way
their wishes have been a-sre egarcel-
--------
tff9ft.1.