New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-04
PART III.
PAGES II TO IA.
JUDGE LACOMBE WAITS.
NOT READY TO ACT on NORTHERN PA
CIFIC REcEIvERsHIPs.
NE THINKS HAsTy ACTION on HIS PART WOULD
INCREASE EXISTING DIFFIcULTIEs-THE
HEARING IN THE CASE POST

HEARING IN THE CASE POST
PoNED TILL OCTOBER II.
.or,ica,ion wa. made before Judge Lacombe. in
IN. United States Circuit Court yesterday for the
removal OF Messrs Cakes Payne and Rouse as
receivers OF the Northern Pacinc Railroad COM
many and for the confirmation OF the appointment
Of Edward H. McHenry and T. G. Bige'ow as re-
cevers by Judge jenkins. OF the United states CIR
cult Court Of Wisconsin, which was recently con-
srr,ed nv Judge Sanborn at ST. Paul
1-Aora IL Of nresent division in the receivership
=, ,ha road owing TO the appointment by Judge
Hsnford q Seattle. Wash. on Tuesday last OF
Andrew eBurle.gh as receiver OF all the North
srn Pacific property within the jurisdiction OF MS
~,ur, The Eastern Wisconsin Circuit Court mas
u, 10 the present time been recognized by the
United States Circuit Court for the Southern DIS
r,, ~ New-york as the court OF primary jurlsdic-
ton in the case. -
The application yesterday was made oy heroe'.
. Turner who represented the Farmers Loan and
Trust Company. and c. c. Beaman who appeared
FOR the General Reorganization Committee
Generals Bristow and Burnett ana henry o'""
tim counsel for the Northern PACING Rai.road OPP
nosed the application on the ground tha' 'he pres
sn, receivers Messrs. Cakes, Payne ana f'ouse'
had not reported and accounted to the court as
,nsv we're ordered by Judge jenkins 10 do monthly.
The railroad company asked for pos'po"eihe"'
AZ the case. owing 10 the absence oil braytoh IVES
,asi5eni and Slas Petit counsel for the COM
nanv who were said TO be in the West investigating
The affairs Of the railroad
Herbert c. Turner behalf Of the Farmers
roan and Trust Company. formally presented the
-sdsnation of Messrs cakes. Payne and Rouse to
he Court
NJ, Beaman said the General Reorganization
Committee which wished for confirmation OF the
o,nontrent Of McHenry and Bigeow as receivers,
represented spOOl~o of the railroad company 5
stock
r,Rco Iaconhe said:
From what ! have heard of this case ] am sats.
fed that IL is one that should not be disposed OF
hastily The question whether-waivinG Tor mo-
ment any question whether the resignation of the
receivers should be accepted or whether they
should be removed. and assuming tnat they are en-
titled 10 present resignations-the question OF APP
nontjng three others in their place presents am,
think would be increased rather than diminished by
hasty action on the part of this Court
n there IL 10 be irreconcilabie divergence OF
opnion between the two judges OF the seventh ana
who shall by their appointments administer the
two HAYES Of this road then of course II Will ne
necessary for this court to determine what II shall
do touching the personnel OF the receivership OF the
cash and securities that are within this Jurisdctoh
Ruf II seems TO me almost unthinkable that such
rreconcabe divergence of opinion VIII continue Tor
any much longer time. Therefore. with the nope
that in some way. and with promptness, this exist
ing situation may be relieved OF the strain al the
place where the strain put on, shall postpone
the further hearing OF this matter until October H.
Should however. there be any relief any cessation
of the differences of opinion. way found out OF
the difficulty need not wait until that time Tor
me 10 register any decree here in the way OF ap-
Joint views of the judges of the districts where the
road transacts Its real business.