The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-25
Receivers Resign.

! MILWAUKEE,, Sept. 24.-Henry c.
Payne, Thomas F. Cakes and H. c.
Rouse, receivers of the Northern Pa
cific railroad, rendered their resigna-
lions to Judge Jenkins late this after
noon. Judge Jenkins will take the
matter under advisement and will de-
eide on Friday, the 9th. The resigna-
lions give a complete history of the
appointment of the receivers and dwell
upon subsequent litigation. Reference
| is made to the attack made upon the
receivers by President Ives, in the
| Washington courts. The proceedings
are set forth and excerpts made from
! the opinions of Judges Gilbert and
Hanford The receivers then proceed:
Your receivers manifestly cannot adj
minister the trust with justice to the
| parties interested or themselves if sub
| ject to the orders and Instructions as
to the general administration of the
two or more independent tribunals. We
cannot abide nor can we ask our SUI
reties to abide the danger of the diff
ferences of opinion between courts,
each assuming to be controlling as to
the expenditures of the receivership in
lllS StICIdl cluIllllIl0lI6iIlO1 Ill view VI
the immensely of the sums involved.
The letter then states that willing
to answer any of the 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 sec
ond of October next, not only to
answer, plead or demur to the charges
there filed, but to give within that
jurisdiction each a bond of 500, 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
on by A. L. Cary, master as afore-
said, and of all their receipts and
disbursements, acts and doings since
that date and hereafter from time to
time monthly. The result of failure
to comply with the order of said court
need not be pointed out in other
words. unless your receivers recognize
as they understand it, that the honor
able court is the court of primary
jurisdiction, they will of necessity be
in contumacy and can not 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
accountings. Your receivers are not
willing under any circumstances to
fight 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 to chal-
lenge the jurisdiction of that honor
able court. The receivers then petit
ton that the court Of the District of
Washington be directed to present the
charges filed there for trial before the
court in this district, not only be-
cause the nature of the charges seem
to render the court here the appro-
pirate tribunal. but because the dis
position of the charges in this court
would be final and would protect the
receivers from again and again de-
Tending the charges in various juris-
dictions. Further because some of the
charges have already been disposed of
in a trial in this city.
Continuing, the report SAYS: We
deem it for the best interests of the
estate that we should promptly resign
our trust to this honorable court and
such other courts as may recognize its
primary jurisdiction to appoint new re-
ceivers who will owe no duty techni-
cally or otherwise; to any court not
recognizing such primary jurisdiction,
and who will therefore be able to deal
with separate receiverships over por-
lions of the line, should such unfortun-
ately be created within the embarrass-
ment of alleged conrinuancy. 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.
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 receiv-
ers hope that the conflict of jurisdic-
ton and the appointment of separate
sets of receivers, which will greatly
increase the expense of the road and