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

Andrew F. Burieigh. OF this city. Is sole
RECEIVER of the lines and property Of the
Nar.hern Pacific railroad in the state OF
washington. Such was the appointment
Of Judge Hanf9Yd yesterday morning IN
the United States circuit court. after he
had sumfnariIy removed Thomas r. O4kes,
Henry C. Payne and Henry G. Rouse. nj.
Rurleigh took the oath Of Office, ana with
in two hours fled j bond OF 10000, and
ne Is now in control OF the system II
road in the district. In the afternoon he
snpounced the appointment as general
manager Of 6. ". Dickinson. Of Tacoma,
assistant general superintendent under the
old receivers.
In his remarks leading up 10 the re-
rnoval OF Messrs. Cakes, Payne and Rouse,
Judge Hanford said ne would decline 10
accept their designations offered the day
before, and he spoke IN brief but emphatic
terms OF their refusal TO render 10 the
court an account Of their management Of
the road.
A Great Array OF Counsel.
Fer several minutes before the court con-
yened. the room was densely packed with
spectators. including prominent attorneys.
and the accommodating bailifs had more
than they could Do % find seats for every
body. There was an array Of distinguished
counsel, the liat including Silas W. Petit
and Senator Wilbur +. Sanders, for Bray
ton Ives. president OF the northern PACT
fic: ex Ex-senator John =. Allen. for the Far
ners Loan and Trust Company; Charles
". Bum. for the receivers. Congressman
g. G. Hyde. for Johnston Livingstone. as
representative Of the second mortgage
hondholders. and Gen. @. r. =. Howard.
for the third mortgage Dondholders. On
. 1
morning session Was Judge John +. Hoyt.
Of the state supreme court. There were
also present EraytOn Ives. A. l.. Burleigh
and James Mcknight.
General Howard having been admitted
on motion OF Hon. Thomas Burke. obtain
cd leave to file the petition of the third
mortgage bondholders, subject 10 review
by the court at o'clock In the afternoon.
ri which time. the court said. ex-senator
Allen. for the trust company. would be al
lowed 70 frame issues 10 be disposed Of
Similar action was taken in regard 10 the
petition of the third mortgage bondhold-
ers. Judge Hanford then leaned forward
and said.
Under the order thar was made on the
I'd day OF September. the receivers Of the
Northern Pacific Railroad Company We're
required by this date To answer the
charges preferred against them by Bray
ton Ives. president of the company: also
that each should file bond IN this court.
and their accounts after the final hearing
They have already placed on Tile In this
court their designations as receivers.
which viii be "A sufficient excuse for not
Ming bonds. ! wish 10 inquire. however.
II the order has been complied with as to
Ming an account?
The Order Not Obeyed.
The court looked inquiriugly at counsel
fer the receivers Mr. Bum arose and
said;
1t has not been complied with in any re-
spect'
''under the terms Of the order" contin-
ued Judge Hanford. they are entitled ~
this day within which 10 file g. Is II tho
Intention Of tho receivers 10 file any &C
count today
II think not answered Mr.. Bum: u
think am authorized to say that to the
court"
As this remark fell upon the courtroom.
although II was not unexpected. there
seemed 10 be "a feeling Of suppressed ex-
element passing through the audience.
There was "a pause. an expcctaut silence.
and then Judg Hauford continued IN tho
quiet, FIRM, clear tones that once before
were heard when hc sentenced the Com
monwealers 10 imprisonment for con
tempt or court in having intcrfered with
the receivers 81 their management OF the
with perhaps slightly increased volume.
but otherwise the tones Mere as calm as
II the ease were one OF the most ordinary
character. Tho only variation was the
well-kuoNn hammer like stroke in snpha-
sizing words. but the most eminent law
yers amonE the strangers felt thar they
Ncre in a court whose mandates are 10
he respected. The Judge said
The Court Gives Its Decree.
the original order appointing Mr.. oakes.
sir. Payne aud Mr. Rouse 10 De receivers
Of this court they were required a. file ac-
counts IN this court which order has been
entirely disrCgardea. and the fact that a
definite. peremptory order has been ma sc
rcquirins them by this date 90 tle an ac-
count covering the specified period. which
order they have disobeved. the court viii
not accept their designations. bat now
makes an order removing them from th~ir
ofiicc as receivers This order takes effect
fnstantcr.
The court now makes an order appoint
snE Andrew r. Furleleh e. he sole receiver
of the property and business 90 the North.
ern Pacific Railroad ComVans Within IN,
jurisdiction ~ this court pom takt,e
the oath 90 office no Will az once take
charge Of all ot the assets aud control s.,
the business Within The jurisdiction ~ tht.
court, and within ten DAYS he is required
fo ole a bond in the sum or $3.50 sa
"AN Thar l wish - say ln addition q ana
entering ~ this order. is that n,v hor.
IS that for The credit az the Judiciary. and
IS wei AS ths preservation % tn,
rights OF sll parties having money Invest
"a tn thfs great estate. a proper adjust
ment Of Differences wsv ie arrived al. %,
that the courts wtI} very speedily bee SET
right m ali points "a 70 wGsch thev have
differed ir opinion. Res son,e cr5er or aset
sion of ar appellate TRIBUNAL that has All
thorItv and Jurisdiction 70 correct tht sr
rors 90 the circuit courts AVA with that
object ia Wow : regard thIs auuc. rrtfni
as heing temporary ia character. and pra.
Ter % name only one person instead of So.
temptias 60 place a numhsr az persons 90
1bc position or receivers at tht> U~se
In taking tuis course. ( have had fhs
heaeut ~ = limited conference Wlth Jufr,
GilheTt. who { hoped Coul3 Dee here lit
who has not been able 20 rorae AZ ~ tHs
action or the court az this t.unc. it has
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