The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-25
yP. RECEIVERS QUIT.
their designations Handed to
the Milwaukee Judge.
c.nT SERVE TWO MASTERS.
90. pec.siou OF Judges Hanford and
Gilbert Declared to BE the Cause
of Their Dissatisfaction.

vuvsukee, Sept 2i-Henry c. Payne,
-s.-,as +. oakes and II c. Rouse. re-
..rsvx Of the Northern Pacific railroad.
sI.ssrsd their resig nations 70 Judge Jen-
- late This afternoon. Judge Jenkins
- - ,ake inc matter under advisement
- rsil decide on Friday. the 9Th. The
-ssvnstions give a complete history Of
- apuointrnent of the receivers, and
s.sn upon the subsequent litigation.
..ss-snce IS made 10 the attack made up
= sss receivers by President Ives in the
lexington court. The proceedings are
:. forth. and excerpts made from the
.,srIons Of Judges Gilbert and Hanford.
- receivers then proceed:
sva,,r receivers manifestly cannot ad-'
Lister the trust with justice 10 the
.srtIes interested or themselves II sub
=, 10 orders and instructions as 10 gen.
- administration from two or more in
ss~sudent tribunals. We cannot abide.
- an we ask our sureties 10 abide the
ss.yer Of differences Of opinion between
s~gr,s. each assuming TO be controlling,
"a the expenditures Of the receiver
-, n the general administration, in
,ssw az the immensely of the sums IN
viewed"
"a letter then states that they are will
,.z 10 answer any OF the charges which
"a or can be made against the receivers
.1niuIgtraffon. The order OF the United
s.stss circuit court OF the district of
warrington renders Il necessary for us
a. Of before the "a OF October next not
snsy 10 answer. plead or demur 10 the
essrzes there filed. but TO give within that
s,risdiction each o bond OF 10000 and TO
IL IN that court full. just and true ac-
eaunts OF the receipts and disbursements
.nee the date OF the accounts OF receiv-
srsl last reported on by a. l.. Cary, mas
tsg. and OF all their receipts and disburse-.
nsnts. acts and dolngs since that date.
and hereafter from time 10 time monthly.
ne result OF failure to comply with the
srasr OF said court need not be pointed
sst In other words. unless your receivers
recognize. as they understand IL. that the
kssnrahle court Is the court OF primary
Asrisa.ction, they will OF necessity be IN
csntumacy and cannot attend upon said
ssart 10 support any answer 70 said
charges in person without being liable to
enlistment for contempt or court for fail
ure 10 make such general accountings,
Tour receivers are not willing under any
circumstances 20 file an additional bond In
such Jurisdiction. nor are they willing to
rat themselves or their sureties in a posi-
tan 10 endanger their rights 10 challenge
The Jurisdiction of the honorable court"
The receivers then petition that the court
Of the district Of Washington be directed
70 present the charges filed there for trial
before the court In this district. not only
because the nature OF the charges seems to
render the court here the appropriate tri-
bunal. bat because the disposition Of thu
charges in this court would be final and
would protect the receivers from again
and again defending the charges IN various
Jurisdictions Further, because some OF the
charges have already been disposed of in
trial in this city.
Continuing the letter SAYS. 1--WE deem
4 for the best interests Of the estate that
We should promptly resign our trust: that
this honorable court and such other courts
rs may recognize its primary jurisdiction
appoint new receivers who viii owe no
duty. technically or otherwise 70 any court
noi recognizing such primary jurisdiction.
sri who VII therefore be able 10 deal with
F9aFate receiverships over portions Of the
fae should such unfortunately be created.
aeahie receivership and the operation of
'As system in sections cannot he otherwise
isah calamity To the trust estate and To-
10 public
II conclusion the letter SAYS that a road
Aks the Northern Pacific can only be adj
nissiered, "a II has been done, through
oas single court The receivers hope that
ne conflict OF jurisdiction and the appoint
msni Of separate sets of receivers. which
VII greatly increase the expense OF the
raj and demoralize the service. may be
avoided
Tacoma. Sept -Special-Judge u. ].
,msley. of counsel of the receivers Of
We Northern Pacific. was seen tonight
tiailFe 20 tho resignation Of Nessrs
Rouse. Cakes and Payne. He said tho
move was an unexpected one 70 himself
sas 70 other counsel for the receivers TN
MS state. so far as ne knew. Mr. Crow
~ could only speculate as 10 the motive
taa aciuated the receivers. lie said he
aaa no personal information as 20 the
esases of their action
ne resignation Of the receivers does
hei change the questions which will come
y a. the hearing October .. according to
eae 81 the receivers attorneys II is pre-
Smed that they VIII appear here as
s'fa- The ultimate question as 10 Jen-
vas jurisdiction remains, even II the lat
~ appoints new receivers.
prominent lawyer said tonight that
vas very doubtful IL an appeal 20 tho
sApesaie court NJ san Francisco ard
afhee to the United states supreme court
'solj lie in any Of the questions that
sse thus far neen decided by Judges
e1atft and Nanford or that have been
asset by the petition Of Ives The claim
-s been made IN railroad circles here
pA decision from the United states
supreme court would have % settle the
ase the Hnal issue OF which would thus
z aft4tRA - q.