St. Paul daily globe., 1895-10-01
THE NEW RECEIVERS FOR THE
N. p. APPOINTED sATUR-
DAY.
NAMED BY JUDGE JENKINS
SOME STRONG ARGUMENTS PRE-
SENTED FOR AND AGAINST
THE CONFIRMATION
BY SEVERAL ABLE ATTORNEYS.
stockholders Seek to Delay Ac-
ton So That Judges in Various
Districts Might Confer.

Another. chapter was added to the
Northern Pacific receivership con-
test when Judge Sanborn, at o'clock
yesterday afternoon, took his seat
on the United State circuit court
bench and began the hearing on the
resignation of the old receivers and
the confirmation of those appointed
by Judge Jenkins in Milwaukee Sat
urday as their successors. Despite
the efforts of the attorney for the
corporation = the stockholders - to
have the court delay action for a
time SO that all the judges through
whose districts the road runs might
consult as to the appointment, Judge
Sanborn, after listening to argu-
ments for nearly two hours, made AN
order accepting the designations of
the old receivers and confirming the
new ones, E. H. McHenry and F.
G. Bigelow.
During the hearing the court room
was filled with legal lights and 9TH
ers who took a general interest in
the proceedings. The old receivers
were represented by Mr.. Spooner, of
Wisconsin, and Attorneys Davis,
Kellogg and Severance, of ST. Paul.
Herbert B. Turner, of New York,
appeared for the Farmers Loan and
Trust company, Charles c. Beeman,
of the law firm of Everts, Choate &
| Beeman, of New York, represented
the reorganization committee, and
f. w. M. Cutcheon appeared for the
Northern Pacific corporation, repre-
senting the interest of the stockhcdd-
ers. In addition to these, there were
seated about the room George R.
Peck, of the Milwaukee road John
M. Egan, General Solicitor Grover,
of the Great Northern road, Attor-
ney Leon T. Chamberlain, E. w.
Peet, Attorney M. D. Mum, E. ".
Smalley and a large number of 9TH
erS. rN
AS soon as the case was called a
motion was submitted asking for the
acceptance of the designations and
the confirmation Of the new receiv-
ers. Mr.. Cutcheon submitted a Pc
tition asking for delay until some
action could be had in the Ninth
district, in which Judges Hanford
and Gilbert have jurisdiction. He
wanted the matter to remain as it
was until these judges had acted
upon the charges against the receiv-
ers about to retire.
Mr.. Turner then made a brief ar
gument in which he strenuously op-
posed any delay whatever. He said
the court in Milwaukee had stated
that the receivers must take orders
from there. He hoped this court
would coincide with this action.
Delay would result in confusion. Tt
would not be proper for him, he
said, to say what the court should
have done. He and those he repre-
sented were in hopes of getting the
property out of the hands of the re-
cedvers before long. A committee
representing an overwhelming ma
jority of all the bonds had the mat
ter Of organization in hand, and
what was wanted was fair and eco
nonical administration until the
consummatfon Of the project for re-
organization. He believed the new
receivers would conduce to harmony
and the best management possible
In the interest of the property. He
referred to Mr.. Cutcheon as repre-,
sentings the under dog in the fight.
Il fully realize, your honor" said
Mr.. Cutcheon, when Mr. Turner fin
ished, that I represent, as Mr.. Tur-
ner has said, the under dog in this
light. But it is not a question of
what interests may be satisfied or
dissatisfied. These attorneys who are
now here pleading for the imme-
diate confirmation of the new re-
ceivers on the ground that their ad-
ministration will conduce to har-
mony, thought differently last Sat
urday at Milwaukee. Not a mile of
the Northern Pacific lies in the east
ern district of Wisconsin, and only
seventy-five miles lie in the west
ern district. All the trunk line and.
it's numerous branches lie in the
Eighth and Ninth judicial districts.
and it is to these two jurisdictions
that appeal must be made in the
management of the entire trunk line.
Judges Hanford and Gilbert have
taken independent jurisdictions,
holding that Judge Gilbert has lost
jurisdiction. This
CONFLICT OF JURISDICTION
has resulted in the receivers resign
ing. Do the new receivers want to
be placed in the same embarrass-
ing position by following the exam
pie of their predecessors and looking
to Judge Jenkins court as The one
of primary jurisdiction without con-
sultation or any understanding with
the judges who have made that de-
ciSion? --.-
This will inevitably result in the
same conflict that led to the resig-
nation of the present receivers.
These judges are not going back on
their own decision. They are not
going to swallow their own words.
The whole matter can be solved har-
moniously by consulting them. Your.
honor is simply asked to postpone
the appointment or confirmation of
these receivers until such consulta-
tion can be had. All that need be
done is to refrain from accepting the
resignation of the present receivers
for a short time. They must serve
until their designations have been
accepted. They cannot do other
wise. 1t was said in Milwaukee
that these gentlemen resigned to
avoid placing themselves in con-