The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-03

proved the bond submitted by Mr.. Bur
leigh. The question then 10 come before
the court was 10 pass upon the application
Of the second and third mortgage bond
holders TO be made parties 10 the suit and
70 have leave 10 answer If they should
think that course advisable. To that eX-
tent the court granted the prayer of the
petitioners. The question was discussed
briefly by Mr.. Allen and Gen. Howard.
the former holding that the facts set forth
in the petition were not sufficient, while
the latter claimed that TO deny the prayer
would be 10 leave his client without a
friend before the court, some one that had
an eve open to their interests. who could
call before the court matters that might
require adjudication. Judge Hanford, in
granting the petition. stated that as a gen
eral rule the cestui que trust was A proper
though not a necessary. party; and he took
the same view that of Judge jenkins.
that the restrictive clause in the mortgage
did not restrict the security holders
Mr.. Burleigh here addressed the court,
asking II his appointment as receiver
could take effect from Il o'clock between
September 30 and October 1. as TO make
the order effective from the actual date Of
appointment would double the work on ac-
count Of changing accounts. Mr.. Bum
suggested that all parties consent to the
appointment being so dated. as the meas
ure was practical. and accordingly the
suggestion prevailed.
The Order of Removal.
The order 81 removal of the receivers.
"a well as the appointment OF their sue
rossol. was drafted substantially upon
the remarks Of the court delivered at the
morning session. II is as follows.
And now on this 2d day Of October
1>a5. II appearing 70 the court that Thomas
+. cakes Henry c. Rouse ana Henry G.
Payrc rle receivers of this court here
tof0re appointed in the above entitled
cause. having failed % comply with the
order Of this court made and entered on
the "a Of Sentember. 1875 requiring them
10 answer the charges made against them
by Brayton Ives. the president OF the
Northern Pacific Railroad Company, and
failed 70 Tile bon IS iu this court as re-
quircd hy said order. but in lieu thereof
haye Med their designations as receivers
~ this court. and have also failed To file
their accounts. AS required by the said
order.
Therefore. in consideration ef the fact
that the original order 81 This court ap-
pointing the said Thomas I. cakes. Henry
a. Payne and Henry e. Rouse receivers
herein. required them 20 render account
~ this court. and the said order has been
q sohcyed Ny saii receivers 81 this that
fhev have failed - file accounts Of their
receipts and disbursements as receivers
NJ this court. ard that they have WhT0i-
~ disoheved that part of the aforesaid
order made and entered on the % DAY or
Se0tember lSe5. requiring them - RE ac-
toun rs on 1r before this date covering A
xpe. ned period ~ the receiVarSAlp. and
said receivers being Row represented by
chair catirerlf e. W. Runn. and through
their said counsel having announced 10
che court that z is not thair Intention 20
comply with tre order last mentioned.
the .1arf declines 20 accept heir resig-
Z 4. O.
chat each ~ said receivers he and he IS
hereby removed from his office as : re-
.,.fver 81 tals court. and that ta-s order
cake eNe,t lnstauter-'
Vh,, order Of appointment.
The order appointing Mr.. Rurifieh pro
vlfes tHat che receiver on 'ak.nE me oaiA
81 office. t1ke possession OF All %" property
Of che company tn che district Of WashiDr-
ton arf ore-atp j, 50 as 10 continue the
f characterization % passengers and frt. g1-
. throughout che whole system. oAkrs-
Payne ANA Rouse ard their agents are Be-
ftrt.s snsul.* .Hfely 20 deliver - tae urw
receiver uessesSio e. al fhe property So
tes DISTINCT other paragraphs relate 20
tao disposition ct money received for tae
creation OF trp rga3. which saaN he ap-
p1r3 u-Ss 20 t1a necessary eSpcrses OF
. operation ans tHr balance retained subIfe.
+ 20 ORDER o; ere court next 10 t5e hl'nG %
/ accounts g.. rutrl2. ana rSe rr'fEr.ou ~ ie-
gal counsel ara t0afy 90 GRE allus - =
bond Wth EocI a-d Sufficient Suret.es.
+ Thf order closes as follows
"Anf 20 is he-rby further .r3rTsi taaf ar
! Injunction ce ISSUED against The Northern
rac5uc "a lrcad Company Thomas b
+ CAkss tie-rv ~ Payne ara Hcnry 4
KoUse. aG1 al persons claiming 80 acf es
thcouea or taltr ;aem o~ eitna~ % tner
Sad against al persors vhonssaeytr. re-
s,rasui0x tatu1 from tn Nnv manner Inter
fersaE WITH ths rr-s.tev hereby aQpotatt1
taking paSst s..ru of managing aH8 opera--
lus lae p0operty of che \crtafrc Faetf.,
Esi ~oa0i Company w}fh.o the J1r.s3let..
/ ot t1-s roaTf ana frsm a.sTos.rs og any Dr.
sa.t property .a amy manner Nhstsoat.
es-t 81 as ulss hr a.-te.s8 Reg hm.~
Inc Appointment Naic Absolute
t-nea the nlsrS ant approval - Nr Bier
i1ss nert tae f3ll1Wsns order r,7 klrs
. 500 a7pa.1-meul absolute was sgued 81
J4.<r HanfcrtI.
"Aat Eaw 1s-N3t. cn tals - 8av %
oeteaer lNE. if asas made to appear .c
she e3stf thar Amarsw p 6rF. .SA here
-rte~r cH tass aHF APPOINTED ay 0rser q
! ta4z c94El yeeeNe4 81 al 4E4 -snsal4g Ire