St. Paul daily globe., 1895-10-06
A GREATER DANGER.

existence Oh QlVlueu ana possibly
a discordant management. The ac-
| ton of Judge Jenkins, in accepting
and appointing two successors, as
confirmed by Judge Sanborn, places
those two gentlemen in charge of the
Northern Pacific property from the
eastern boundary of Wisconsin to
the western boundary of North Da-
kota. The action of Judge Hanford,
confirmed by Judge Knowles, in re-
| moving the receivers and appointing
Mr.. Burleigh, places him in charge
from the western boundary of North
Dakota to the Pacific coast. The ac-
| ton of Judge Lacombe, of New York,
in refusing to accept the resignation
| of the receivers until all their ac-
counts have been made up, leaves
Messrs. Oakes, Payne and Rouse in
| Office in that district. The prop
! erty is thus at this moment in charge
| of three different sets of authorities,
| and it's successful management un-
come permanent, is practically out
of the question.
By far the most serious aspect of
! this matter seems to us to be the
fact that if an amicable agreement is
to be reached in the future for the
conduct of the Northern Pacific busi-
ness, it will be by conciliation and
the adjustment of differences be-
tween the several sets of receivers
in power, and not between the differ
| ent courts that appointed them. In
one way or another the property will
be taken care of. But who is to take
care of the courts? 1t has been at
once the pride and the security of
our people that the judicial depart
ment of the government has borne
itself, on the whole, without fear
and without reproach. While eXecu-
tive officials have often been false
to their trusts, while it has been diff
cult to wiring from legislatures any
concessions to the people when their
interests were opposed by power
full combinations of capital, no
breath of slander or scandal has
reached the bench. An Impeachment
case, especially in relation to the
;e,
In the states, the judiciary has with
stood even the seductive sapping of
the elective system. Men whose places
were dependent upon catering to
some passing popular demand have,
in a great majority of cases, chosen
to stand by their principles, and to
maintain the dignity and independ-
ence of the bench at a sacrifice, if
need be, of their public career. The
above suspicion, and constituted the
last impregnable citadel of the peo-
pie against the assaults Of power.
We have no doubt that all the
judges who have acted in the North
ern Pacific matter have done so con-
scientiously and impartially accord
ing to their judgment. But any
one must see that the method of their
action has been exceedingly injudi-
cious. 1t has changed the contro-
versy between the different parties
seeking for control of the Northern
Pacific into a controversy between
the courts, which should never have
been allowed to exist. While all
the judges have observed the rules
of courtesy in their relations to each
other, they have not attempted, as
far as the public is aware, to COM
pose among themselves clash of
opinion and of action which was
plainly to be foreseen. We shall not
attempt to fix responsibility for this
upon one man or another, while the
motives of all appear to be above
suspicion. But it would seem to have
been the clear duty of all the courts
having jurisdiction in the Northern
Pacific case to communicate with
each other from the moment when
it appeared that different views Of
their duty were likely to prevail; and
to come to an agreement upon some
policy of action before the situation
assumed it's present phase. The
whole difficulty with the Northern
Pacific matter at this time lies with
the courts. These conflicting inter-
ests among the security holders can
fight their battles to a finish without
serious danger to anybody The dis
agreement between judges of equal
authority, each independent within
his jurisdiction Of all the others, is
the serious trouble; and the one
which, not only in the interest of
the Northern Pacific, but in the in
terest of the federal judiciary, ought
not to have occurred
1t seems probable that the man.
agement of this property will be de-
termined by a conference between
the different receivers appointed.
and some adjustment among them
selves of their rights and powers.
But if the three receivers who are
now in charge from Lake Michigan
to the Pacific ocean were to find
themselves entirely in harmony, they
they would still labor under the
disadvantage ofhaving to make their
| reports and be subject to orders of
distant and disagreeing courts. The
effect Of this upon the public mind
is deep and unfortunate. It reacts
upon that branch of government
whose freedom from the farthest
touch of self-interest we can least