The silver blade. (Rathdrum, Idaho) 1895-1903, 1895-09-28
ATTACK BY PRESIDENT IVES
Cannot Continue in Subjectlon to the
orders Of Two or More >Indc.
pendent Tribunals.

road. rendered their designations to
Judge Jenkins today.
Judge Jenkins will take the matter
under advisement and will decide on
Friday, September q. /
The designations give complete his
tory of the appointment Of the recelv-
ers and dwell upon the subsequent lit
igation. Reference is made to the at
tack upon the receivers by President
Ives in the Washington state courts. |
The proceedings are set forth and ex-
cerptS made from the opinions OF
Judges Gilbert and HanfOrd.
The receivers then proceed: Your
receivers manifestly can not admins
ter the trusts with justice to the parties
interested or themselves If subject to
the orders and instructions as to the
general administration of two orr more
independent tribunals. We can not
abide, nor can we ask our sureties to
abide the danger of differences Of opin-
ion between courts, each assuming to
be controlling as to the expenditures
of the receivership in the general ad-
ministration, in view of the immensely
of the sums involved"
The letter then states that they are
willing to answer any Of the charges
which are or can be made against the
receivers administration. '"The order
of the United States circuit court Of
Washington renders it necessary for
us on or before October 2 next, not only
to answer, plead or demur to the
charges there filed, but to give within
that jurisdiction each a bond of $780,
600, and to file in that court full, just
and true accounts of their receipts and
disbursements, since the date Of the ac-
count of the said receivers last re-
ported on by A. L. Cary, master as
aforesaid, Of all their receipts and dis
bursements, acts and doings since that
date and hereafter from time to time
monthly"
Continuing the report says:
We deem it for the best interests OF the
estate that we should promptly resign our
| trust to this honorable court and such
other courts as may recognize it's pri-
mary jurisdiction to appoint receivers
| who will owe no duty, technically or
otherwise, to any court not recognizing
such primary jurisdiction, and who will
| therefore be able to deal with separate
receiverships over portions Of the line,
should such unfortunately be created
| within the embarrassment of the alleged
| contumacy. A double receivership and
| the operation of the system in sections
| can not De OCu6TWl5e ludIl q Cdldully "
| the trust, estate and to the public.
In conclusion the letter says that a
road like the Northern Pacific can only
be administered as it has been done,
through a single court. The receivers
hope that the conflict Of jurisdiction
and appointment Of separate sets Of re-
ceivers, which will greatly increase the
expense of the road and demoralize the
service, may be avoided.
The general report of the receivers
Of the Northern Pacific showing the
condition of the property which was
ordered by Judge Jenkins, was filed in
| September 10.
At the outset the report states the
condition of the road at the time the re-
ceivers took hold. The total Indebted
ness, including the mortgages, was $751;
! CITIES, and the annual fixed charges
| S1O,421,025. For the years ending June
80, 1894 and 1895, the report states that
/ the expenditures under maintenance
of way and structures were decreased
1927 per, cent, while the maintenance
and equipment expenses were increas-
ed but &c per cent. The expense Of con-
Quoting the transportation department
has increased 1856 per cent. The oper-
ating expenses for the year closing June
80, 1894, decreased $236, 464, against a de-
crease of 1921, 745 for 1895.
The earnings for 1895 were 81. 434 $50,
against $16,547,209 the year before. The
operating expenses for 1895 were 81,