The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-15

crlv vrio. all the American and the Tn
glish courts. so far as he knew. woul1 al
low, that the party might define his posi-
ton. ard in granting that he certainty
wou1l not anticipate what was 20 CO.. n
before the court on August - he WIS
not deciding IN advance that the procced-
fngs al Milwaukee, were open 20 collateral
atiacs. A Iarty had a right TO cehne TIE
issues. instead Of occEpyIng the inconsist-
ent position OF admitting one thing IN IN
ens@er and Of denying that thing n an
affidavit.
Wants Witnesses and Documents
In the second motion, which was sup
ported BY affidavit OF Mr.. Petit that the
receivers were acting eoilusively, counsel
asked that an order be issued fo- the
three receivers. the general counsel and
general manager 20 appear In court Au-
gust - and be prepared TO submit 10
crozs-e1ssnination as 20 the origin OF the
receivershlp and the transactions OF the
road since that time, and that they pro-
ducs files, letters, kilograms, minute
books and other documents containing In
formation necessary 20 a proper presenta-
ton OF the case. Mr.. Piles said:
ut is impossible. we contend, to get any
facts as 70 the business OF the road with
out making a specific inquiry. II aAida-
Wits only are necessary. we might be over
whelmsd with afidavits. which, while
they might tell the truth in part. might
yet conceal the fact desired TO be brought
out. They might aliege that there was
property OF the road in the eastern ois-
frict OF Wisconsin. while we migat want
to know the character OF that property.
We have made this application for the
reason that. these gentlemen being off,
GERS OF the court. we have the right TO
question them here In court. 10 i-quire
OF them exactly what property was In
that district. and. also. IL that matter
should come up for determination, to in
quire into the question of coliusion."
Receivers Have Other Work.
Mr. Spooner answered Mr.. Piles by
stating that the presence OF the officers,
general counsel and general manager, in
addition TO being unnecessary, would not
Do advisable. since their manifold duties
required them elsewhere. To bring them
20 this city would not be for the scneft
OF the road, but might seriously eTnbar-
rass it, He paid n high compliment to
General Manager hendriCk. who, be said.
though confronted by strikes, Cexeyitss'
fire and food. had labored night and day
month in and month out until the difil-
cuties had been removed.
He commended Judge Hanford for act
ing promptly in the face Of dangers that
had threatened no other court in the
country Mr.. Spooner continued:
1.-THE officers should remain wnere they
are When the answer is in, X will be
very easy to produce them. for IN inti-
nation from your honor would bring
them here. But IL seems 10 me that I'M
der the present status their presence rs
not necessary"
Wants FirSt-Hand Information.
In support Of the motion, Mr.. Petit
stated that an issue had been presented by
the affidavit annexed 10 the rule 10 show
cause. whether any part of the Northern
Pacific railroad was in the geographical
limits of the Eastern district Of WILSON,
sin: whether any part of the mortgaged
property was In those limits: and whether
any part Of the property. whether mort
gagged or not, was In those limits. lie
then said
"Of necessity our means of information
are secondhand. for the property has
been taken out of the hands of the COM
pany into the hands of the receivers.
Therefore. the question 10 be determined
August p is of very great Importance. /
apprehend that your honor will not sit
here as a moot court to determine prin-
cipies: but facts must be obtained before
your honor can go into any question of
law, and what the property is and whore
il is should be settled. In the event that
the affidavits. which are ex parte. may be
vague. we ought TO have an opportunity
10 question the officers who particularly
Know the facts. ne general coullSti IN
New York has particular knowledge of
the circumstances of the appointment of
the receivers and we are entitled to have
him here 20 answer any questions as 10
Collusion the general manager. of all
Others ought TO possess an intimate
knowledge Of the property-the fact which
must be shown from testimony-and we
are entitled 10 have him here. On the
ieth. when the papers will be served, it
viii be too late to get the gentlemen here.
and that fact would lead to a further
postponement. We ought TO be prepared
on the 22d TO go ahead with the case. and
| apprehend that the convenience of the
receivers, of the general manager and of
the general counsel ought not TO be con-
suited 70 the detriment Of this case. We
want 10 speed the cause and to determine
ii August %"
The Motion Denied for. n Time.
Judge Hanford, i'm denying the motion,
spoke briefly. saying that he could not at
that time anticipate anything that might
occur 20 Justify granting the application,
yet he denied IL for the time, reserving TO
counsel the right To renew il IL the parties
should see tit.
IL is understood that Mr. Spooner and
Mr.. Runn viii remain in this city complet-
ing their preparations for the hearing
Mr.. Petit Is openly confident of success
IN his undertaking, while HIS opponents
who have so FAR won victories all along
the line. declare the proceedings will re-
suit IN a victory for the receivers There
IS no mistaking the fact that all parties
concerned are making preparations for
struggle. and that the hearing TO come
before Judge Hanford viii result in dis