The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-08-08
RACING FOR THE N.P.
Special Trains Chase Each Other
Across the Continent.
PETIT GETS THERE FIRST
erayton Ives Asks the Court to
Remove the Receivers. Alleging
Various Irregularities a
Pretty Hot Fight.

Seattle, Aug. THE anti-Hill stock
holders and bondholders OF the North
ern Pacific have made a move that
promises to block the Great Northern
in Its efforts to gain control of the
Northern Pacific. To-day on afiidavits
Of Brayton Ives. president Of the North
ern Pacific, a motion for the removal
of the receivers. Thomas +. Oakes,
Henry C. Payne and Henry C. Rouse,
was made by Silas w. Petit. general
counsel for the Northern Pacific. in the
United States circuit court. Mr.. Pet
tit arrived in the city last night. after
hurried trip. from New York. He
made every effort to keep his where
abouts concealed from his opponents.
and checked his baggage to Helena.
The receivers. who knew that he had
gone west" suspected a new move,
and after numerous attempts. located
him after he had as hours start.
The proceedings taken to-day are
the elimination Of a most exciting
chase across the continent for c. E.
Bum. assistant general counsel of the
Northern Pacific, with headquarters at
St. Paul. and ex-senator Spooner are
now rushing across the continent. and
will reach the Sound tomorrow. while
Receiver Payne is a short distance be-
hind. flying along on another special.
literally annihllating space.
The petition and order to show cause
resulted in Judge Hanford setting the
hearing for Friday at 10 a. m. AT that
time the report of all the interested
parties will have arrived. The reason
for bringing the proceedings in the
United States court at Seattle is that
the Northern Pacific terminating here
has more property in Washington than
in any other state.
Ives affidavit sets up that the receiv-
ers of the company were appointed by
Judge Hanford as auxiliary to the ap-
pointment of the receiver by the circuit
court Of the eastern district Of Wiscon-
sin. He Is informed that the local
court made the appointments without
exercising its independent judgment.
He alleges that no part of the railroad
or the land grant Of the Northern Pa
cific was or ever had been situated In
the eastern district Of Wisconsin. and
at the time of the appointment the cir
cult court of the eastern district of
Wisconsin had no jurisdiction: and
says that no decree made by the Wis
consin court with respect to the man.
agement Of the Northern Pacific prop
erty could then or now be carried into
effect within that district.
| The affidavit states that Judge Han
ford's order appointing the receivers
directed them to pay out Of the money
which should come into their hands
from the operation of railroad current
| expenses and the like, such amounts as
may be necessary for the protection of
the road. They were not to use any
money otherwise without the consent
Of the court. Ives alleges that the re-
ceivers have deposited moneys receiv.
ed by them in banks other than those
authorized by the court, and have ap-
piled the same to the payment of debts
against the company other than those
contemplated by the order and the re-
ceivers have failed to make any ac-
counting The receivers have misap-
piled large sums Of the money received
by them from the sales of public lands
and other property of the Northern Pa
cifc, and from the operation of the
road. by appropriating the same to the
payments of debts not entitled to be
paid in preference to the interest and
principal due under the mortgage. The
receivers. it is alleged, have unlawful
ly expended in Montana and Oregon
money coming into their possession for
purposes entirely unnecessary. The pc
tition goes into the details accompany
ing the transactions Of Henry Willard
with the Northern Pacific. and charges
that after he had caused the com.
pany's insolvency through reckless
methods, he went into court and Sc
cured the appointment OF receivers who
would stand by him. Notwithstanding
the existence OF claims against Willard
the receivers have, Ives alleges, paid
him $iS0000 on promissory notes which
Willard held against the company while
the money should have been applied to
the debt of Willard. The receivers also,
IL is said, sold valuable lands in this
state without consulting the court and
they have made traffic arrangements
| without first applying to the court.