St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-09-25
NORTHERN PACIFIC TRIO ASK
JUDGE JENKINS TO RELIEVE
THEM.
AN AWKWARD SITUATION.
EMBARRASSING POSI-
TION.
CONFLICTING JURISDICTIONS.
Problems That Confront Them
in View of the Orders OF the
Seattle Court.

MILWAUKEE,, Wis, Sept. "a. =
Henry C. Payne, Thomas F. Cakes
and H. c. Rouse, receivers OF the
Northern Pacific road, rendered their
designations to Judge Jenkins late
this afternoon. Judge Jenkins will
take the matter under advisement,
and will announce his decision on
Friday. The resignation gives a
complete history of the appointment
of the receivers, and dwells upon sub
sequent litigation. Reference is
made to the attack made on the re-
ceivers by President Ives in the
Washington courts. The proceed.
ings are set forth and excerpts made
from the opinions of Judges Gilbert
and Hanford. The receivers then
proceed:
Your receivers manifestly cannot
administer the trust, with justice to
the parties interested or themselves,
if subject to the orders and instruc-
tions as to the general administra-
ton from two or more independent
tribunals. We cannot abide, nor can
we ask our sureties to abide, the
danger of the differences of opinion
between courts, each assuming to be
controlling, as to the expenditures
Of the receivership in the general
administration, in view of the i'm
mensity of the sums involved"
The letter states that, while will
ing to answer any charges which are
or can be made against the re-
.ceivers' administration, the order of
the United States circuit court of
the district of Washington renders
it necessary for us, on or before the
I'd of October next, not only to an
swer, plead or demur to the charges
there filed, but to give within that
jurisdiction each bond of S100, 900,
and to file in that court full, just
and true accounts of their receipts
and disbursements, since the date
of the account of said receivers last
reported enlby said A. L. Cary, mas
ter as aforesaid, and of all and
singular their receipts and disburse-,
ments, acts and doings, since that
date, and hereafter from time to
time monthly.
A PREDICAMENT.
"The result of a failure to comply
with the order of said court need not
be pointed out. In other words. un-
less your receivers recognize, as they
understand it, that that honorable
court is the court of primary jurisdic-
ton, they will of necessity be in con-
tumacy, and cannot attend upon said
court to support any answer TO said
charges in person without being liable
to punishment for contempt of court
for failure to make such general ac-
countings. Your receivers are not
willing, under any circumstances, to
file an additional bond in such juris-
diction, nor are they willing to put
themselves or their sureties in a posi-
ton to endanger their right 10 chal-
1enge the Jurisdiction of that honor
able court"
The receivers then petition that the
court for the district of Washington
be directed to present the charges
filed there for trial before the court
in this district, not only because the
nature of the charges seem TO render
the court here the appropriate tri-
bunal, but because the disposition of
the charges in this court would be
final, and would protect the receivers
from again and again defending the
charges in various jurisdictions; furth-
er, because some of the charges have
already been disposed of in a trial in
this city.
Continuing, the report says: I'VE
deem it for the best interests of the
estate that we should promptly re-
sign our trust to this honorable court,
and such other courts as may recog-
nize it's primary jurisdiction to ap-
point new receivers, who will owe no
duty, technically or otherwise, and
who will therefore be able to deal
with separate receiverships over por-
tions of the line, should such un-
fortunately be created within the en-
barrassment of alleged contumacy. A
double receivership and the operation
of the system in sections cannot be
otherwise than a calamity to the trust
estate and to the public
ONE RECEIvERSHIP.
In conclusion, the letter says that a
road like the Northern Pacific can
only be administered, as 1t has been
done, through one single court. The
receivers hope that the conflict of
jurisdiction and the appointment of
separate sets of receivers, which will
greatly increase the expense of the
road and demoralize the service, may
be averted.
A