The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-01
NEW RECEIVERS ARE NAMED.
Edward McHenry and Frank G. Bigelov
Will Manage the Northern Pacific

| Milwaukee, Sept. Edward McHen
~ Of St. Paul, chief engineer Of the
Northern Pacific and Frank G.. Bige-
| low, a banker of this city, were this
| morning appointed receivers Of the
Northern Pacific road by Judge Jen-
kins.
They succeed Henry C. Payne, Thos.
F. Cakes and Henry c. Rouse, Bige-
low will be known as financial receiver
and McHenry Will have charge of the
raod's operation. The new receivers
We're ordered to file bonds in the sum Of
500. 900 each. In making the appoint
ments Judge Jenkins disregartied the
wishes of the trustees and different
bondholders. He said the history of
the. receivership demonstrated the in
advisability of appointing receivers
who are connected with the contend
ing factions.
st. Paul. Mimi, Sept. 2S.-Counsel J.
Mcknight of the Northern Pacific rail-
road, this afternoon gave out a strong
statement as to Judge Jenkins appoint
ment of receivers. 1t was subsequent
ly submitted to President Brayton A.
Ives, who adopted it as his personal ex-
preston.
1t is as follows:
1.-The court Of Milwaukee, where no
part of the property of the Northern Pa
two receivers for the company. This is
the greatest judicial farce known to the
history OF American courts.
mo court of limited jurisdiction over
any part of an interstate road has ever
heretofore attempted to operate and
control the whole interstate system
1t is we'll recognized principle of the
interstate comfy that the court first
acquiring jurisdiction will. be recognize
ID
over the whole but no rule or principle
of comfy or business jIIstifies or re-
QuireS the recognition of court with
out Jurisdiction over any part of the
road, as a court of Jurisdiction over the
whole. And it is certain that the well
established and long standing rule Of
interstate and interdistrict comfy will
be recognized by the courts having jul
risdiction over the North .ern Pacific.
''The appointment of Mr.. Bigelow as
one Of the receivers was a violation Of
all rules heretofore governing the ap-
pointment of receivers. He is not resi-
dent of any of the loca lities where the
property is located and has no acquain-
lance with the road. its property, or
its relations with the public. Justice
Miller, of the United States supreme
court, removed Messrs Willard and A.
3. Greeley from the receivership of the
Kansas and Pacific road some fifteen
years ago because they were non-resi-
dents and not acquainted with the prop
erty.
This rule. which has always been
recognized with this single exception
of the Milwaukee court, disqualifies Mr..
Bigelow for appointment.
Mr.. McHenry is acquainted with the
road and is. in many respects. good
appointment. il the action of the court
may be called such"
In reply to an inquiry as to whether
this action would be final. Mr.. Nc
Naught replied: Judge Sanborn will
be called upon to confirm the appoint
mentS above referred to and will pro-
baby appoint a third receiver. So far
as NJ. Bigelow In concerned. il would
certainly seem that the appointment
will not be confirmed
Mr.. Mcknight could not express him
self too positively as to the Improperly
and folly of the Appointment of Mr.. Bige
low, or upon the point that the court
had no jurisdiction.
Mr.. Ives and party left for the west
this afternoon. Before leaving the
feeling Of the entire party was we'll
stated by one prominent stakeholder.
who said: "The appointment made by
Judge Jenkins today are not satisrx c.
tory TO the reorga niZaIion commihe
trustees. nor anybody else. TN are
absurd. Judge Jenkins proceeding was
precipitated. 1t certainly surprised
and mortified us all. We are convinced
that il was a great mistake
Mr.. Ives refused to be quoted but
some of his friends insist that this ex-
actly expresses his views.