The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-10
THE ISSUE DEFINED.
First Skirmish in the Northern
Pacific Conflict.
BATTLE SET FOR AUGUST ~.
spooner Outlines the Position OF tne
Receivers, and Gains Time Against
Pettit's Protest.

Pacific railroad show cause why the oroer
amounting them should not be set ASIDE.
and new receivers appointed. came up
before Judge Hsnford yesterday morning
a, 70 o'clock. After listening TO state
rnents by ex-senator John G. Spooner, OF
counsel FOR the receivers. and by Siias w
Petit. general counsel for the company
the court declined to make any order fnr-
sher than to set August Y. at ~ o CLOCK a.
m. as a time for hearing the application.
with leave 20 counsel 10 file by August -
such papers as may be thought aaVis-
able.
when the hour for converting court ar
rived. the room was crowded with spec
tators. Every bench was packed. while
within the bar every chair available was
messed into service. and many prominent
LAWYERS stood up during the entire pro-
ceedingg The distinguished counsel IN
the case were arrayed in a semi-cireie
about the tables in front of Judge HAN
ford ex-senator Dolph- of oregon, oc-
eupying the position nearest TO the court
his long flowing gray beard and hair
marking him as the most venerable of the
LAWYERS in the room. On Mr.. Dolph $ lett
was James NJ Ashton. counsel for the
Northern Pacific AZ Tacoma. who IN turn
sat next TO p. J. Crowley. also or Ia
coma The next in line was e. r. bvnn,
assistant general counsel for the reeeiN-
erx. with headquarters at st. Paul. whose
srnootsa-shaven, deep-cut tnpassive fea-
lures. an aauiline nose and hair rapidly
falling away from the top of his head.
suggested q statue Of Julius Caesar. Mr.
epooner, with smooth face. written all
over with lines indicating shrewdness. and
a wefI-forrned head covered with an album
dance Of light brown hair that fen IN a
fhicket away from his ears. was next,
sitting on the right Of the weil-known
figure OF T. G. Hughes. On Mr.. Hughes
right was afr Petit 81 substantial build.
his naustache cropped close, and square
chin. betolcening a fighter who could jour
ney from New York TO Seattle in order 20
win his point. The familiar face OF Z. NJ.
Carr was next TO dr. Petit. and finally
was Samuel II. Piles. Ata glance the OBJ
server could see that these were not or
binary combatants, for on all the faces
were imprinted the marks showing great
mental activity and intellectual develop
ment.
Mr.. spooner. as soon as the court signl-
fed a willingness to hear counsel. at once
began a review OF the case which has
now become historic. Contrary to the
practice of this district, he made his
statement without the formality OF being
admitted before the court. fact of which
he was reminded a little later by Judge
Hanford. On motion of MIR. Hughes. how
Bum were admitted after the court had
passed upon the questions presented.
Spooner Opens for the Receivers.
In opening up the case Mr.. Spooner
went at length into an account of the It'll
cation leading up 10 the present proceed
tngs. He had been aware. he said. before
leaving for the Coast that an attack was
about to be made by his distinguished OPP
ponent. but he had not known what form
that attack would take: but since IL had
called into question not only the acts OF
the receivers. but the validity OF an or
der or court he felt 1T unnecessary to say
that the consequences OF the proceedings
would be far-reaching and of gravest inn
port. He then said.
''The question involves the Jurisdiction
of the circuit court OF the United States
for tho Eastern district of Wisconsin, and
inquiries whether its proceedings, in the
exercise OF an original jurisdiction in APP
pointing the receivers. are TO be regard
cd as nullity; and there are also coupled
with that inquiry charges of misconduct
OF the receivers In the exercise Of their
trust. In the application for these re-
ceivers notice was brought To the court
that their appointment was necessary for
The whole line 10 prevent the dismember-
ment OF the system, by breaking Il into
fragments. and the appointment was
made in order that the court might take
charge of the property. The defendant
answered. and consented 90 the appoint
ment."
Wisconsin Central Lease In Point.
Mr.. Spooner here touched upon the fact
that the Northern Pacific. at the time of
the appointment of the receivers. was op-
Grating the Wisconsin Central under a
lease for ninety-nine or go years, he could
not remember which. his object evidently
being 10 show that the Northern Pacific
had property within the jurisdiction OF
Judge Jenkins court. Mr.. Petit informed
his adversary that the lease was for
"ninety-nsne years, with privilege OF re-
pewal.' 10 which Mr.. Spooner said.
That's long enough" He then went on
~ say that after the appointment of the
receivers, on the same day or perhaps the
day following, receivers were also an
pointed for the Western district Of Wis
consin, In which was a portion of tho land
srant of the Northern Pacific. The Same
bills had been flied in substance. and the
receivers appointed in all the districts
through which the road runs. from :,
iaui 10 the Coast. There had been a rreat
zeal done. in which the opponents OF the
RECEIVERS had taken part. Mr.. Spooner
continued:
ihree Points Tn Re Decided.
perfectly apparent that three
questions are here opened IN for o,,- 60,
sidefauon; First. whether this court win
IN any event, the circuit court for ,bc
Eastern district OF Wisconsin having ..
Ken jurisdiction. permit any attack ~.
atidaVlt or collaterally. to be made ,tron
The jurisdiction OF that court
second, whether the circuit court -.
the Eastern district OF Wtscansi,, IA
jurisdiction OF the causes Involving ~.
creditors bill and the foreclosure NJ
ceedlngs; and in this there enters a QUO
Won or so much gravity II the decision
should De adverse. 1 should not wish -
parucularize at this tine and call affaD-
ZION TO the results OF IT, in this r,prt II
" comes 10 question OF proper,y Ne ar
snow that 'here was property in ah1ins
snce.
Third. " your honor should como o.,
We conclusion that the circuit court frr
The Eastern district % Wisconsin, h.s
jurisdiction, whether. on PRINCIPLES 80
comfy. your honor would cnrsi,for s~,.
question OF misconduct. or REQUIRE ~
petitioners 60 so 70 the cour, 81 orisi,,s,
jurisdiction. We have been IN court sff.-.
August u. 1893. and are now a long w..
From home. and turning 20 AR Perez,
! hsVe fought the removal p-ono~stt,,,
nom New York 20 Seattle.
IN closing. Mr.. Spooncr said his st4a
wanted no delay. bat the matters t,
Nolved being % such magnitude. re vrt,,,is
lie az least two weeks tn which - s.,
together TIRE papers essential TO 8 nraner
presentation Of the case.
Mr.. Petit Makes Reiof,acr
Mr.. Petut also reviewed briefly the NJ.