Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1895-08-30
RECEIVERS ANSWER
Filed in the Suit to Gust
the N. P. Officials.
RECORD OF THEIR PROCEEDINGS
The Attack to Be Made A gainst Them
Is on the Ground of Son-Juris-
dictlon Of Judge jenkins.


Is on the Ground of Son-Jurfa-
dictIon Of Judge jenkins.
Seattle, August 22.-The petition Of
Brayton Ives, through General Coun-
sci Silas W. Petit, to oust the re-
ceievers of the Northern Pacific rail-
road and appoint others in their stead,
will be heard by Judge Hanford and
Judge Gilbert Thursday, and today
there was filed in the United States
circuit court the receivers answer.
Yesterday was the day set ON which
the last papers should be filed, but ex-
Senator Spooner and Counsel G. w.
Bum secured an extension. The hear
ing will be held in the rooms of the
criminal department of the superior
court, in order to afford accommodation
for the crowd that is sure to attend.
In their answer the receivers recite
the history Of the litigation leading up
to and following their appointment,
and they have filed as exhibits and as
a part of the answer the record of all
the proceedings from August 10, 1898,
to the present time.
The attack to be made against them
is on the ground of the non-jurisdic-
tion of Judge Jenkins, in the United
States court, for the eastern district of
Wisconsin, the question of collusion
having been reserved for future hear
ing in case the court holds with the
receivers. They deny that at the time
of their appointment, no part of the
railroad or land grant of the Northern
Pacific, or the property covered by the
mortgages, was within the district.
Then comes a statement of the rela-
tions of the road with the Wisconsin
Central Railroad Company, under the
ninety-nine year leases by which the
receivers have been operating these
lines; and of the litigation resulting
from the default in rental under the
leases, whereby the Farmers Loan e.
Trust Company brought foreclosure
proceedings and secured reappoint-
ment of the receivers, together with
cosolidation of the causes.
A paragraph is devoted to the lease
of the Chicago g. Northern Pacific
Railway Company, assigned by the
Wisconsin Central Railroad Company
to the Northern Pacific Railroad Com
pany, and the proceedings resulting
from the default.
Great space is devoted to an attempt
to show that at the time Of the APP
pointment of the receivers, the North
ern Pacific had valuable property in the
jurisdiction of Judge Jenkins court.
From the time of their original ap-
they say, they have held
possession of the property and have op-
Grated it, and neither their authority
nor the authority or jurisdiction Of
any of the courts has ever been dis
puted. They have done various acts
and various proceedings have been
taken, at which the railroad company
has appeared and to which it has con-
sented.
September /, 1898, they were au-
thorized to issue $1,000, 900 of oertifi-
Gates; September 90, 1894, they were
allowed to renew and extend the GER
tifcates for three years. These GER
tificates are now alleged to be out
in the hands of innocent pur-
chasers. The receivers have expended
money to keep down the interest on
the first principal on other paramount
liens. They have appointed land
commissioner, have sold land along
the whole line of railroad, and have
paid contracts and conveyances to pur-
chasers. They have paid debts of the
running into millions; they
have made traffic agreements and have
executed contracts of all kinds, ON the
faith of which vast amounts of money
have been invested, not only by the re-
ceivers, but by the public.
From the beginning to the end of
the proceedings, continues the answer,
the railroad company has expressly
through its counsel and ex-
ecutive officers, to the jurisdiction of
the circuit court for the eastern dis
trict of Wisconsin, and has never d.
rectly or indirectly suggested in that
court or in any other cour that there
was any lack of jurisdiction in the
premises until the present motion was
made.