The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-04
ensAaagiag greetings with friend AZ h,s
side

The Array of Lawyers.
Around me tables sat brilliant a-zy
81 lawyers. ~. A Underwood Of New
York. ard J. ~. Ashto~z. % Tacoma. rerre-
sea1ng Receiver Buriesgh. ex-senator
john Is. Alien and z. C. Hughes. for the
Farmerz' Loan & Trust Company: r 81
Carr Tor The Northern Pacine Railroad
cornpany: d. ]. Crowley. OF Tacoma. f5--
merry cnssrsei for the Old r@cet Vers. and
nsnznAer - others 10 less notable
Judge Gilbert asked IN an Official tone.
'Geaflenea, hsvs you anything TO ~ ID
this casez-' rhereupon Mr.. Allen sasc-
Aliens Application
May - please your horors. In pursuance
OF the Instructors Of my client, tho Farm
ers Loan and Trust Company. now w4sh
70 f1ls IN court and formally present TO your
hon0rs their motion and application win
read IL, II you wish. 10 the court
He Their read the application. which. after
brief statement Of the history OF the case,
was al fellows:
And therefore ia view OF the said
premises IN pursuance OK the said order
slgned BY the sad Hon. stephen J. Field.
circuit justice of the sad Ninth circuit.
the sad complainant respectfully applies
10 this honorable court and moves thu
court.
Il. That the said Edward II. McHenry.
OF ST. P8ai. ginn.. and the sasd Frank G.
Bigsiow. Of Milwaukee. Wis, be appointed
receivers OF all and singular the North
ern Pacific Railroad Company, and os all
the railroads. lands. assets and property
OF said company. real. personal or mixed,
OF whatever kind or description, or wher-
ever situated within the jurisdiction OF this
court.
- That the said order Of this court
male on the ID dag of October. Iss6. ap-
pointing Andrew r.. Bdrleigh receiver OF
ths Northern Pacific Railroad Company
and its property as aforesaid. may be ye-
Gated and set aside. and the said Andrew
+. Burieigh ordered and directed TO settle
his accounts a. such receiver IN this court
as soon ss practicable. and that the said
Andrew +. Bariesgn be directed 10 sur
render and turn over 10 the said Edwin
n. McHenry and Frank G.. Bigeiow. re
cesvers sought 10 be appointed. all the
railroads and other property or sad
Northern Pacific Railroad Company in his
possession as said receiver. within the Jaris-
dictlon OF this court
81 That the receivers hereby asked to
be- appointed shall be directed forthwith
TO take possession OF all the property and
have and exercise all the usual powers,
privileges. duties and functions OF receiv-
ers with all the powers. rights and duties
by the order hereby sought 70 be entered,
conferred or imposed on their said pre-
decessors. with ali the powers, duties and
obligations that may have been hereto
fore or may hereafter be imposed on them
by said court OF primary administration:
that said receivers be directed In the man
agement and operation OF said railroad
and other property TO follow the orders
ard directions OF the circuit court for the
Eastern district 0ffSylsconsin: that the said
Edwin II. McHenry and Frank c. Blge-
low. IL appointed receivers as hereby
z.~A 20
OF their charge and management OF the sad
property OF said Northern Pacific Railroad
Company to the circuit court for the East
err district OF Wisconsin. to be audited
and adjusted according to the rules and
orders OF said court. this court reserving.
however. 10 itself the right al all times
upon application OF any person or persons
interested, or upon its motion. to mako
such orders ard DEGREES as 10 IL shall
seem just for the protection OF the credit
ors OF the Northern Pacific Railroad Com
pany residing within the jurisdiction OF
this court and that this court require OF
cad receivers that they give bond for the
faithful discharge Of their duties as such
sufficient IN form and amount, and In all
other respects 20 serve the purposes OF
their recelvership under the order hereby
sought, and that TO furthr bond may be
required Of them"
Mr. Allen also presented a certified copy
OF Judge jenkins order appointing Nc
Henry and Bigelow receivers. September
3. 1895. and said:
son this application I ask the court, IL
II deems proper. 20 sign an order which
have prepared And I think II proper TO
state TO hls honor, Judge Gilbert, that the
order here submitted is essentially the
order submitted to him by Senator Spooner
in San Francisco. there being some slight
variations to meet dates and changes OF
administration occurring since that time.
I deem II not necessary. under the circun-
stances. 10 more than formally present the
aupiica ton. feeling that all the questions
involved In II have been gone over by the
court, and that nothing could say would
be Instructive or helpful 20 your honors in
the conclusion you may reach IN this I'M
portant matter"
Ashton for Burieigh.
s'po any OF the other parties ia interest
wish 10 be heard2' asked Judge Gilbert,
quietly.
MAY IL please the court said Mr.. Ash
ton. rising Mr.. Undcrwo God. of New York
city. and myself are acting in this matter
aS counsel for Receiver Burieigh. SO far
as this Is an application for the appoint
went OF Mr. Meffenry and Mr. Bigeiow as
receivers within THIS Jurisdiction. take II
that this Is a matter with which Receiver
Rttrlefsh and his counsel have no concern;
but 50 far "a II Is an application for the
purpase OF vacating the order OF this court
made on the 81 day Of October last (the
order appointing Dir. Burleigh receiver). IL
g. one with which he Is concerned to the
extent Of hts rights as receiver
ssfTnaer the practice OF courts. both Fed
araf and state. - Is necessary that some
notice he given 20 the receiver and that
the pct.ticn for his removal be served. or
that the charges making " necessary 10
consider any question OF that kind should
Na susr,gsted therefore conclude that
the only reason on which TINS petlen ~
Nsses "a found IN the order made by the
ss,,r t7,stig.ez OF the United states supreme
~c,trt each signing 3 separate order and
st-srtIne its entry in his own circuit,
s..T,bs constitution Of the Cnifed States
ara congress pursuant 20 its powers have
created certain courts and invested them
Nth certain powers. among others the ap-
polnfment and removal ef receivers N
a,,nisy cases. Now these courts are Ovid
"a ,os only by way OF personnel and turis-
st~.tore t,ss g~oxra phically a. well. and
ne fRu 20 see how any order made BY four
bt.3res q the circsit court OF the United
Stafe<. affecting a matter which under the
ss--fstc~s % the supreme court Is not re-
,,te~ahfe and rot appealaele 20 them.
,.-ass outside ~ their respective circuits.
a,a not made Ay the Judges - he court
.~.gr,, aS presiding justices within their
.~s,setlv~ Y1srisd{cttcns. and not made BY
a. r,,grts-xe fan - see how that can
hnve arv ERECT as res aatudicata or 10 any
0fhe~ waw o. tbs court.
s.Ye,-sr, N We are IN error n that position.
a. has been held Nv Mr.. Justice Harlan
tt.t erw application Ter ths appointment
~ = receiver is addressed necessarily "a
- eeurd Discretion Of ere sucillary court
Assu-nlwr that We are now hefore the bar
- /. ~oY,-- sr-sfIary ~ tts jurisdiction 70
y. = - - u.