The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-03
designations of Cakes, Payne
a.. and Rouse Are Refused
Acceptance.
JUDGE JENKINS TURNED DOWN.
Andrew F. BurIelgh Placed in
:, Charge of the Company's
. =: - Washington Property.

Bravton Ives of the Northern Pacific Rail-
road:in his war on Receivers Cakes, Payne
and Rouse, scored a great victory this
morning in the United States District
Court when Judge Hanford summarily re-
movedthe distinguished trio of railroad
magnates because OF their failure to obey
the oIder of his court, and appointed as
their successor Andrew F. Burleigh, gem
eraL counsel of the Oregon Improvement
Compamy, to be sole receiver of all North
ern Pacific property within the jurisdiction
OF this.cou Gbe court said:
Upon consideration of the fact that Re-
ceivers. 0akes, Payne and Rouse have dis
regarded the order TO file their accounts in
this court, I Will not accept their resigna-
tions,. bnt now make an order removing
them--from their offices as receivers. The
court makes a further order appointing
Andrew f. Burleigh to be sole receiver of
the property and business of the Northern
Pacific Railroad Company within jurisdic-
tlon OF this court
After requiring a $4,000 bond of Mr..
Burleigh, which he gave promptly with
Governor John H. McGraw, Malcolm Nc
Dougall. Jacob Furth, c.. J. Smith, A. B.
Stewart and S. L. Crawford as sureties,
Judge Hanford concluded his remarks,
/. saying: :.
''All that l wish to say in addition to en-
tering this order IS that my hope is that
for the credit OF the judiciary and as we'll
for the preservation of the rights of all
parties having money invested in this
great estate a proper adjustment of
differences may be arrived at, or that the
courts Will be set right in all points as to
which they have differed in opinion very
speedily, oy some order or decision of an
appellate tribunal that has authority and
jurisdiction to correct errors of Circuit
courts, and with that object in view l re-
gard this appointment as being temporary
in character, andprefer to name only one
person, instead of attempting to place a
number of persons in the position of re-
ceivers at this time. In taking this course
have had the benefit of limited confer
ence with Judge Gilbert, who 1 hoped
could be here, but who has not been able
to. be here. SO far as the action of the
court at this time is concerned, while it is
the action of this court, it has been taken
after an informal conference with the Cir
cult judge
Throughout the days proceedings Judge
Hanford made no direct reference to Judge
jenkins. court, but in the most emphatic
manner he said by his action that he did
not propose to follow the suit of the Mil
waukee jurist and confirm the appoint
ments OF MeSsrs. Biglow and McHenry.
His every move and manner indicated that
he was conscientious and honest and be-
heved himself right in what he was about,
and he desired to wash his hands of any,
thing that had been done by the Wiscon-
sin court. By the side of his Honor Judge
John P. Hoyt. member of the Supreme
Court, occupied a seat, and an aggregation
OF talent and learning that was probably
never before equaled in the State faced
them through the. intensely interesting
proceedings.
Following the appointment of Burleigh
as sole receiver OF all Northern Pacific
property in this State, the United States
District ceurts-of Oregon, Idaho and Mon
tana will at once be called upon to concur
- in on confirm the selection. This, if done,
will place more than three-tifths of the
great Northern Pacific property under the
direct management and control of Mr..
Bgrleigh.
Two special trains. going south to Port
land and another east through Idaho and
Montana, left Seattle this evening to make
a tour of the States.traversed in the Ninth
Judicial Circuit by rail, having aboard the
various counsel who participated in the
great battle here to-day. In this array
were eminent -jurists, brilliant lawyers,
United States Senators and congressman
and politicians of high and low degree.
Hon. James McNanght of this city ex-
general counsel of the Northern Pacific, is
generally credited with being the chief
adviser and counselor of Mr.. Ives in his
fight. -
At Portland, for which city Receiver
Burleigh left on n special train tonight,
Judge Gilbert will be asked to confirm the
appointment of to-day. There is no doub
but that he Will heartily concur, for Judge
Hanford announced: this morning that he
had consulted Judge Gilbert, who is also q
member of the Circuit Court of Appeals
and that his Honor had approved the
course appointing ~Burleigh. In Idaho
Judge Beatty of Boise and in Montana
Judge Knowles. of Helena will be asked
within the next day or two to concur in
Judge Hanford's action.
In q second and more sensational
affidavit filed with the court to-day Ives
charges-that William Nelson Cromwell
counsel for the old receivers in July, 1928
said that Henry Willard had arranged to
have Henry G. Payne appointed as one Of
the receivers.
Mr. Burleigh's appointment appeared to
give general satisfaction. He will tender
his resignation as general counsel for the
Oregon Improvement Company within a
few days.
Before leaving for Portland this evening
Mr.. Burleigh appointed George w. Dickin-
son OF Tacoma" general manager of the
road. Heretofore Mr.. Dickinson has served
the company in the capacity of assistant
general superintendent.
When asked by correspondent if he a:
representative of stockholders would not
abandon the fight against the old receivers
President Ives replied:
eve donot intend to abandon our efforts
to secure the filing of accounts in this
district by the old receivers. While 1 am
not prepared to say what the law will per-
NIT as to do in this direction l am very
confident that the trustees who have failed
to render proper accounts of their trust