The herald., 1895-10-03
Answer Filed by the Loan and
Trust Company
Mr.. IVES is NOT SATISFIED
And Will Yet Force Receivers to an
Accounting
A Supplemental Affidavit Fiercely Attacking
Willard as a Railroad Wrecker and
Scoring His Creatures
Associated Press Special Wire.

SEATTLE, Wn., Oct. 2.-The Farmers
Loan and Trust company, as trustee OF
the second mortgage bonds. has filed its
answer in the receivership case denying
the alleged Willard influence in the zap
pointment OF the old receivers, and de.
nying the alleged conference bstwesn
Cakes, Willard, Colby, Hoyt, Cromwell
ana Rolstop, though oonceding that Roll
ston may have had other interviews with
Cakes, Colby and Cromwell. The answer
denies any knowledge of Gustav Ulbricht
prior to the appointment of Cakes, and
pronounces absolutely false the allega-
ton that Oakes appealed to Rolston or
to Willard to insist on his appointment
as receiver. 1t comedies that President
Rolsson was nominated for che receiver
ship but denies that he did so from per-
sonal or business interests. 1t suggests
that the receivers, in justice to them
solves and the company, should. either
made against them.
In this afternoon Burl;igh qualified by
filing $500. 900 bond, with Governor Nc
Graw. NJ. McDougall, s. L.. Crawford,
Jacob Furth, A. b. Stewart, c. ]. Smith
and H. G. Henry as sureties. His order
of appointment was made absolute. and
other orders were signed, including or
ders removing the receivers and aumit-
ting the second and third mortgage bond
holders to become parties to the suit.
Burleigh left for Portland, Or, on the S
o'clock train. He announced before
leaving that q. W. Dickinson, assistant
general superintendent under the old re-
ceivers, would be his general manager.
The appointment will be followed by APP
plicstions along the line. and Burleigh
will appear in the United States court at
Portland tomorrow.
Ives said this afternoon that be would
yet force the receivers to an accounting.
In his supplemental affidavit Ives fierce
ly attacks Henry Willard as railroad
wrecker, and scores Cromwell. who, he
says, was employed to bring about the
conditions whereby collusiye appoint
ment by the Milwaukee court could
be made. The affidavit states that bill
in equity was presented to Judge Jen-
kins, wherein Gustav Ulpricht, crea-
ture of Willard, was sole com plainant.
and stock in the Northern Pacific, while
his possession belonged to Willard.
This bill, after the attorneys had
held consultation with the trust
company. provided for the appointment
of Payne. On it's being submitted to
Cakes he appealed to President kolston
of the trust company, who is said to
have insisted that Cakes be made one of
the receivers. Then follows a statement
OF occurrences leading up to compro-
mise whereby Henry o. Rouse was to be
appointed receiver on account of the in
terests represented by Charles l.. Colby
for the railroad company was notified by
telegra pm, and the bill known as the Win
ston bill was filed. Further, some days
prior to the 14th of August, 1894. it be-
came manifest that application for the
appointment of receivers of the Northern
Pacific could not be longer deferred and
therefore a bill in equity was prepared,
containing substantially the averments
in the Ulbricht bill, wherein P. II. Win
ston, who had been procured to be a
party plaintiff by Cakes, and the lust
company were named as plaintiffs and
which bill had beer sent in charge of
counsel for the railroad to st. Paul with
the understanding that unless an agree
ment could be arrived at, the bill would
be filed iu the,circuit court for Minnesota.
sitting at st. Paul, and the appointment
of Cakes as sole receiver would be re-
questad; but upon the making OF the
agreement above stated, Sheldon e. Co..
who had been procured to act as plaintiff
by Cromwell, ware also joined as plain
tiffs. and the necessary alterations were
directed by telegraph to be made in the
hill in equity. Thersupon the bill in
equity was taken by, special train by J.
W. Kendrick, general manager OF the
Northern Pacific, and PHI. Winston, one
of the nominal plaintiffs, to Milwaukee,
reaching there on the morning of the
18th of August. and the bill was pre-
scented by Miller. Noyes d Miller, who had
heretofore been the correspondents of
Cromwell and counsel for Willard and
PAYNE. Thereupon Henry @. Payne.
Thomas F. Cakes and Henry c. Rouse
were appointed receivers.