The daily morning journal and courier., 1895-10-04
POSTPONED THE HERRING.
Judge Lacombe Would ot Remove Norlh-
 ern Pacific Receivers,

New York Oct. S.-Appllcation was
 made before Judge Lacombe in the
 United States circuit court to-day for
 the removal of Receivers Oakes, Payne
 and Rouse of the Northern Pacific Rail-
 road company and for the confirmation
 of the appointment of Edward H. Me
 Henry and F. c, Bigelow as receivers
 by Judge Jenkins of the United States
 circuit court of Wisconsin, which ap-
 pointments were recently confirmed by
 Judge Sandborn at St. Paul.
 There is at present a division in the receivership of the road owing to the appointment by Judge Hanford of Se-
 attle, Washn., on Tuesday last, of An drew F. Burleigh as receiver of all the
 Northern Pacific property within the
 jurisdiction of his court. The eastern Wisconsin circuit court has up to the
 present time been recognized by the United States circuit court for the southern district of New York as the court of primary jurisdiction in the
 case.
 The application was made by Her. bert B. Turner, who represented the Farmers Loan and Trust company, and C. c. Braman, who appeared for
 the general reorganization committee. Generals Bristow and Burnett and | Henry
 ern Pacific Railroad company, opposed
 the application on the sIou..d that the
 present receivers, Messrs. Oakes, Payne
 and Rouse, had not reported and ac-
 counted to the court as ordered by
 Judge Jenkins to do moGthly
 The railroad company asked for a
 postponement of the case owing to the absence of Brayton Ives, presi ident, and Sias3 Petit, counsel for the Northern Pacific Railroad company, who were said to be in the west Investigating the
 affairs of the company. General Bur
 nett said the railroad company was
 anxious to preserve a conformity of action in the affairs of such a great corporation, with a divided receiver ship accounts might be approved in
 one court and rejected in another. Herbert C. Turner, on behalf of the Farmers Loan and Trust Co, formally presented the reSignations of Receivers Oakes, Payne and Rouse to the court. He said many millions of securities were involved by the Farmers Loan and Trust Co. MT. Braman said the general reorganization committee uy wi Q ff,, fir, sNft l, /,
 appointment of McHenry and Bigelow as receivers represented $4O,0OO, 900 of the railroad company's stock
 Judge Lacombe said: Prom what | have heard of this case l am satisfied that it is one that should not be dis
 posed of hastily.
 "The question whether waiving for a moment any question whether the res ignation of the receivers should be ac- cepted or whether they should be re- moved, and assuming that they are en- titled to present resignations, the ques- | ton of appointing these others in their | places presents difficulties, in view of | the existing situation, which I think would be increased rather than dimin- | ished by hasty action on the part of this court.
 "If there is to be an irreconcilable | divergence between the two judges of | the seventh and ninth circuits as to | the personnel of the receivers who shall, by their appointments, admin | ister the two halves of this road, then, l of course, it will be necessary for this court to determine what it shall do I touching the personnel of the receiver ! ship of the cash and securities that are within this Jurisdiction. But it seems to me almost unthfnkabl that such 1 irreconcilable divergence of opinion will continue for much longer time. In some way or other surely the federal | judges in the adjoining circuits through l which this road runs will adopt some ! modus vvendi whereby it can be oper- ated for the interests of those who are alone concerned"
 l Judge Lacombe then said that with l tthe hope that in some way this exist | ing situation might be relieved of the | strain at the place where the strain was put on, he would postpone the further I hearing of the matter until October II.