The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-10
ceedings Of Judge jenkins court. and

ceedings OF Judge jenkins court. and
then said In part:
las 1 understand ~, the only question
coming before the court is the FORM OF
the order % show cause, and whether the
| attorneys for the receivers are 10 conhne
their answer to the question or jurfsdsc-
ton or TO answer TO all the facts on
which the application is based AS 20 the
jurisdiction OF the circuit court for the
Eastern district OF Wisconsin. there can
be no disputabIe question OF fact The
railroad and land grants are defined by
acts of congress and can be found on
the books; and although Il may have been
that the railroad had ton of coal or a
stray car in that Jurisdiction. IL does not
follow from such fact that the court ac-
CURED Jurisdiction OF this case On the
contrary. there are numerous decisions
against such Jurisdiction. Jurisdiction.
however IS defined by acts of the United
States, and courts have no more rfgr, 70
evade the provisions OF those acts than
10 deny justice in particular case. The
court which makes the appointment OF
receivers must hold itself responsible for
the acts Of the receivers, whether ap-
pointing them originally or as though an
eilIary. The Northern Pacific runs the
entire length Of the state Of Washington,
and with it's eight branch lines has
larger property here than in any other
state along it's route. The question OF the
misconduct OF the receivers is one which
the court should not allow any other
court 70 decide. but should hear the
whole matter"
4 Time Set for Hearing.
After counsel had finished speaking,
Judge Hanford said:
You have rendered an issue as 10
whether the Northern Pacific Railroad
Company had any property in Wisconsin
at the time Of fling the bill. The parties
contesting the case have right TO take
issue on that point, unless you desire to
waive IL as a question of fact. / think
IL reasonable to permit the question to
be divided for the sake OF speed. IL
would take some time 10 inquire into the
alleged irregularities. and IL is wholly un-
necessary to go into the question of mis-
conduct II the court should hold that the
court for the Eastern district Of Wiscon-
sin had no jurisdiction
Judge Hanford, then remarking that
he was unwilling to sign a-Sy order as an
Injunction until the parties should have
a hearing. set the case for August % at
le clock a. m. requiring that the parties
file whatever papers they may wish on
or before August Is.
The time was not entirely acceptable
TO Mr. Petit, who remarking that the
question Of Jurisdiction was one entirely
that the time be made little less, as
the labor of the case would come in look
ing UP authorities after his opponents had
filed their papers. In answer 10 this,
Judge Hanford said that counsel was
supposed TO come into court prepared to
establish his contention. Mr.. Petit &C.
guessed in the ruling OF the court, and
then suggested that as two OF the bond
holders committees wishing to appear
f0dpnan6GrffV ~ ba1 he
made defendants in the proceedings In
Wisconsin. he thought they might wish
TO appear in court here. There was no
desire TO shut out any OF the parties in
terssted in the subject matter on the con-
troversy. and the committees will be
served with the papers
The proceedings occupied an hour and
after Mr.. Spooner. Mr.. Dolph and Mr.
Bum had been admitted the large crowd
filed out of the room. A great many re-
mained for few minutes to talk with
the distinguished attorneys. and the scene
that presented itself suggested reunion
of old friends instead Of the close OF a
shrmfsh In a great legal battle.
The Forces VIII Assemble Here.
Within the next two weeks there Will
be gathered in the city the receivers of
the Northern Pacific, the officers and
some of the most able lawyers in the
United States. Whether Mr.. Spooner and
Mr.. Bum will return East is not vet
known. Each said yesterday he thought
Of staying here TO make ready for the
battle, as to make the trip would consume
much valuable time. Mr.. Spooner was
preparing TO so on a vacation to the
mountains when the call came for him TO
hurry to the Coast, and he has about de-
cided to take his vacation here. having
brought Mrs. Spooner and his son to Sc
attic with him.