The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-24

"1Dsgkel 20 conduct such evtars-frs- 49,,
.ney get bold q taera. would have lar t.a-
ee.m. Ssastile and Tacoma On this Pacia-
49, si.t Lake Superior. without the Or
0's'a % dollar resting upon 81"
a Singing Arrangement.
No years ago. when the stockholders
.saTne1 that tire trust had been hat~avaf
me property piunderea ara r5s.rrs4 -.
- - Aessanle AMI almost inexfiapssfSFsstfe
1so'' they arose IN their might. xsytrv
.t4eS would have 10 more Of that kind ~
ia segment The speaker then said.
hes mad aGroitfg been rnuzzIed N an
pears rom these records that IN $50 .he
moving and central figure n an snss
ssnerfie and system Of spollatiofs obtained
me possession II the board q directors -
ne northern Pacific Railroad Company.
~ meetings had been held annually for
- erection OF directors. when the owners
spAia 20 up 70 their Office and fuoufrA
what had transpired during the wear ia.
vas past what vas it's condition ~ pres
eht' ana what the promise for he future
cut having in that year. iSss got absolute
possession OF II. to represent its stock
hofaeFs according to their DUTY and their
promise, and contemplating BETRAYAL ~
ootn, they proceeded to change the bv-
laws or that company whereby tn. right
OF the stockholders annually 70 ind ou.
what had been done was suspended and
fhS meetings Of the stockholders were 70.
CURED thereafter TO he held once in three
years. Having measured the foh which
tney mad in hand. and having put ylpon IN
time table. they concluded that in about
ahFee years, II the stockholders could be
nt.zzied ana hamstrung. they would be
able 10 transfer its property into their own
pockets. And so IL was that at the cleo
tion IN lS9 they proceeded TO renew their
power In condition and shape that could
not be challenged by the owners OF the
property until October. 1890 How well
Had -,
In view let the records i'm this case an
swer Millions upon millions Of dollars.
that would have dazzied the harons of the
Middle Ages. fell from the Northern pa
cine railroads treasury into the pockets
and treasures OF those corsalrs OF
finance"
Alleges Collision with Willard
The argument at this point takes up the
action or the stockholders in 1889 when
the "conspirators. not able wholly 10 con-
ceaI some outward appearance Of plum
DER, began 10 inquire what had been
done for them in their name, and ad-
dressed TO their agents a request TO use
the corporate name TO recover some DOR
tton OF the plunder-"a mere figment and
bagatelle compared with what II suisse
quently appeared they had been robbed
or These parties. continued the attor-
ney, desiring to ascertain how much OF
their Tascality had leaked out. responded
tnem the testimony on which they ex-
pected to recover. Next is the story Of
the election of Brayton Ives and the ef- |
fort of Henry Willard, through his own /
lawyer. to prolong the control of the prop |
erty that those who were authorized TO I
terminate 1t would be powerIess TO pre-
vent. Mr.. Sanders said
Now / say that this accusation is that !
That very thing WAS done. with that iden- |
ucai intent. that ii was collusiye: that II |
was coliusive in the offensive sense OF |
that term; that IL possessed every els- |
ment of conspiracy, and conspiracy 10 |
still further defraud that company. July |
passed. and the exigeney had not arisen; |
but on the 18th OF August. seeing this |
great road stretch from Lake Superior 10
Puget sound, and looking over all the tri- |
bunals where they thought they could |
most certainly succeed. they went outside !
OF and beyond this property and selected |
their tribunal. and by the most adroit Sc |
lection of the personnel from that day to
this have circumyented the stockholders
OF this road and have continued all the |
influences that were In possession OF Ii |
in July and August 1893.
Appeals to the Courts Independence. |
And so. when we come here and ask |
your honOrs 10 set aside an order which |
you made two years ago. these gentlemen
come in and say, If your honors please,
you have not got jurisdiction to do this.
There is by our creation an um5.lical |
cord. so 10 speak. that attaches this order
OF yours 10 a district court beyond any
spike or tie or rail or acre of land of the .
Northern Pacific Railroad company, where
by the statutes of the United States are
suspended. whereby the oath which your
honors took 10 render justice between man
and man is rendered moribund and in the
business of which YOU have no business
TO assert either equity or law
When Washington was admitted, the
speaker declared. IL had been admitted on
an equality with the other states. If II
had been admitted as an underling, then
the time had come for that fact TO be
made known. and If the adroitness OF
lawyers could put the state in that re-
lation that fact should be ascertained- Mr..
Sanders said:
Let US above all not be frightened from
our integrity or from our authority by
any plea that we must bow low or cour-
tesv politely 10 some other tri-
hunaI and abandon the court fune-
lions that make this tribunal the
pride and refuge of every wronged
citizen of the country. ] am not going
To belittle the desirable unity OF control
Of such a piece Of property as the North
ern Pacific I am not going 10 argue,
though I may mention. the processes by
which in one way or another there nave
grown up, unwisely. in my judgment.
sonnet hing TO he held over tribunals in
terror spooks. bogies. scarecrows. where
hv the courts are asked 10 abdieate some
OF their functions.
some discussion of the pleadings in the
case followed and Mr. Sanders caused "A
smile 20 rest for an instant on the faces
~ his hearers nv a superstition that MS
onnonents as a matter Of habit rather
than Of veracitv had denied more than
,hev had intended TO He then took up
The question Of foreclosure under equity
aud tho Dersonai character of such pro
~eeding which BY operation on the con
science enforced relief. and he next anal
,--ed statutes comforting jurisdiction cor
Guiding with his oft-repeatcd contention
that the Milwaukee court was wholly ana
absolutely without jurisdiction As 90 what
avar real propcrty OF the railroad was
,vt,bont mat district The morning Sos
sion was closed with the end ~ the areu-
n,ent. court adjcarning until O'Clock
" m.
Mitchell Discusses Luri~dtction-
Senator Mitchell was tho first 20 address
tho court in tho afternoon Tie had M
tlrne he said 70 dwell upo1 ancient his
tory ~ TO consider the question 81 ioCat
government as applied 70 the railroad nv
Mr. sanders but he endeavored 80 come
n, once % tho pivotal question involved
- V-as a simple legal proposition. nc said
"a tba only thing "a BE- considered was
,,-h..he~ the court should revoke the order
,,,,sa snnointfng the receivers, Al order
,rhger RAD previously been made in the
milwaukee, court as court or original
s.-f..st~.s,., els, considering this qucS-