The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-29
ONE THING SETTLED
The Supreme Courts Decision In the
N. P. Mortgage Foreclosures.
MILWAUKEE, HEADQUARTERS
II Is Ordered That Judge jenkins
Court Be Regarded as the Court
of Primary Administration
Justice Brown Dissents.

Washington, Jan. 2S.-Justices Field,
Harlan, Brewer and Brown OF the SUI
preme court to-day rendered a decision
in the Northern Pacific receivership
case, holding that all courts along the
line of the road be auxiliary to Judge
jenkins court at Milwaukee. The de-
cision gives the Milwaukee court juris-
diction over the entire system in the
matter of the receiverships.
1t was shown at this hearing that
the creditors bill and the foreclosure
proceedings of 1893 had been filed in the
circuit court for the eastern district of
Wisconsin, over which Judge Jenkins
presides. II was also shown that this
court then appointed the receivers for
the entire system who were for time
recognized. Afterwards. however, the
circuit courts for the other districts ap-
pointed receivers for the portions of the
road embraced within their respective
jurisdictions and such confusion and
antagonism arose that 1T was feared the
interests of the road would be seriously
jeopardized. An exception was taken
to the Jurisdiction of the Milwaukee
court on the ground that the Northern
Pacific had no road except n leased line
within the limits of the eastern district
of Wisconsin. This was substantially
the only objection made to its recogni-
tion, and IL was intimated ut the time
OF the hearing that a large majority of
the interests involved would be salts
fed with the designation of the Milwau-
kee court as the responsible tribunal
and the one by which the receiver or
receivers for the entire line should be
designated.
Justices Field. Harlan and Brewer
prepared and united in a memorandum
of conclusions as follows:
The parties I'm the above cases
namely, the Farmers Loan & Trust
company, the Northern Pacific Railway
company, the second mortgage bond
holders, represented by Johnston Liv-
tngston. chairman, and the reorganlza-
fion committee OF bondholders. repre-
sented by L. A. Adams. have presented
to us petitions setting forth the general
history of these causes and asking that
such order be made In the respective
circuits to which we are assigned as
Will secure the operation, as an entire
ty.a OF the property of the railroad COM
pany covered by mortgages in which
the Farmers Loan & Trust company is
trustee. and such other orders in the
premises as Shall seem meet. And said
application has been heard by us in
chambers in the city of Washington
under an agreement in writing between
~ boItAt4B AiteNA We sAiVuiu up 80.
We are of the opinion that proceed
angs to foreclose a mortgage placed by
a railroad company upon It's lines ex-
tending through more than one district,
should be. to the end that the mort
gagged property may be effectively ad-
mbnhs,ered, commenced in the circut
court of the district in which the prin-
cipal operating Offices are situated and
I'm which there Is some material part OF
the railroad embraced by the mortgage
that such court should be the court of
primary jurisdiction and of principal
decress and the administration OF the
property in the circuit courts of other
districts should be auxiliary hereto.
But, in View OF what has transplred in
these foreclosure proceedings, princi-
p3lly in view of the fact that a portion
OF the line of road owned by the North
ern Pacific was and - now I'm the state
of Wisconsin. and at the time OF the fl
ing OF the creditors bill Cn which the
trustee in the mortgage was a CO.
plaintlfO the Northern Pacific railway
was operating its road through the
eastern district of Wisconsin. although
that part Of It's line 50 operated belong
ed 10 another company, and was under
lease 10 the Northern Pacific Railway
company for 80 years; and in view Of
the further fact that the railroad com
pany entered it's appearance and as
sented to the act OF the circuit court
for the eastern district of Wisconsin.
IN taking jurisdiction and as such exer-
else of Jurisdiction has been recognized
by the circuit court in every district
along the line OF the Northern Pacific
railroad. and by all parties for the
space OF about two years. during which
time many orders in the course Of ad-
ministration have been entered. we are
of the opinion that the circuit court for
the eastern district OF Wisconsin has
jurisdiction to proceed TO decree OF
foreclosure which will bind the mort
gage company and the mor;gaged prop
erty and ought, therefore. TO be recog-
nized by the circuit courts Of every dis
trict along the line OF the read as the
court of primary jurisdiction; and that
proceedings in the latter court, while
protesting the .lghts OF the creditors.
should be ancillary IN their character
and subordinate TO the proceedings in
the cour. OF primary jurisdiction. In
expressing thess views. We are not 10
be understood as passing upon the
proposition advanced In argument. but
for the circuit court Of the United
states, by consent or parties to fore
close the mortgage Of a railroad. no
part OF which = wiuhin the territorial
Jurisdiction Of such court"
Justice Brown signed a spec.al mem
orandum OF his views. which Is as fol-
lows: In view OF the DOUBTS suggested
reearding the jurlsd5ct.on Of the circuit
court OF the United States for the east
ern district OF Wisconsin 20 fOreclcse
49, L. n 81
further fact that the business Offices of
this company are at s.. Paul. ! think
the circuit court for the district OF Min
nezota should be treated as the court of
primary jurlsdictton- But as the whole
object OF che hearing before the justices