The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1895-09-30
Judge Jenkins Names Two in
Place of Messrs. Cakes, Rouse
and Payne.
Frank G.. Bigelow Of Milwaukee
to Manage the Financial
End,
And Edward w. McHenry Of st,
Paul the Operating Depart
ment.

MILWAUKEE, Sept. 80. - Frank G..
Bigelow of Milwaukee and Edward w.
McHenry of st. Paul were appointed by
Judge jenkins to succeed Henry &.
Payne, Thomas F. Cakes and Henry G.
Rouse as receivers of the Northern Pa
cific Railroad company Mr.. Bigelow is
to lee known as the financial receiver and
will have charge of all matters pertain
ing to the finances of the property. Mr..
McHenry, who for years past Las been
the chief engsneer of the Neither Pa
citic, and who knows every inch OF road,
is to have charge of its operation. The
new receivers are ordered to file bonds
in the sum of $500, 600 each within 10
days, and to report to the court IN the
same as their predecessors. Ii
at any time the appointment OF a third
receiver is necessary, the appointment
will be made.
D~isregarded the Factions.
In making the appointments Judge
Jenkins disregarded the wishes OF the
trustee and the different stockholders.
He said that the history of receiverships
demonstrates the individuality Of ap-
pointing receivers connected with con
tending factions. Receivers We're Off
GERS of the courts and no agents OF the
parties interested i'll the property, and
for this reason they should a but one
single Object-to subserve the interests
of the property intrusted to them, and
should hold no other allegiance than TO
the court. When Judge Jenkins II
cluded his remarks, Herbert E. Turner,
attorney for the Farmers Loan and
Trust company, expressed his satisfac-
ton at the wisdom displayed i'll tn"
appointment. and which, he stated,
would be most satisfactory to the inter
est he represented.
w. D. Nandyke, who appeared for the
second and third mortgage holders,
opened with the suggestion that unless
the court had already fixed upon the
appointment, Thomas +. Lowry of Min
neapolis be appointed. Mr.. Lowry, he
stated, was satisfactory to the parties he
represented.
Given the Matter Thought.
Il have given much thought to the
suggestions Of MIR. Lowry and Of other
names hat have been suggested to me
and that have occurred to myself said
the court. .sThe court thinks it peril
nent to say by what considerations it
should be guided in making the APP
pOintments of receivers.
ITO a certain degree the practice of
railroad r~eceivershipS has obtained for
parties to agree on one or more names
and suggest them to the court. The APP
pointment usually follows rs a matter of
course, for if the parties concerned are
contented. the court may well be salts
fed. Such receivers have severally rep
resented conflicting interests, uniting
for one purpose. AS the fight waxes
warmer between the factions, the heat
of the conflict extends to the receiver
ship, which in time becomes a war of
factions among the officers Of the court.
Must BE Men of Character.
Now comes the question in hand.
The receivers to be appointed by this
court must come within the definition
of the law as l construe it. They must
be entirely Indifferent to the c%ontendine
factions; they must have no connection
with this fight; they must be men who
are strict and impartial, and who will
perform the duties in single devotion tx
the trust and with no Interior motives
to serve. They must be men Of high
character, capable of commanding thu
respect and confidence Of the great pub
liz they are RI serve
With respect to the name of MIR
Lowry: He is at present president O
the 500 railroad, a line supposed to b'
operated by and in the interests of TIN
Canadian Pacific, which is a competing
line with the Northern Pacific. AM
although it has been suggested to M
that Mr.. Lowry, if appointed, woul'
resign that position, the cour
is still very DESTROYS that thu
men to be named should, if possible, h
like Caesars wife, above suspicion, ant
free from any relations with anything
a~ntagonistic to the Northern Pacific"
When he concluded, Judge Jenkin
instructed the attorneys to draw tn
order and he would sign it.