St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-29
THE NORTHERN PACIFIC DECISION

The decision rendered yesterday by
Judges Harlan, Field, Brown and
Brewer, representing the circuit courts
within whose districts the property of
the Northern Pacific is situated, on the
question Of primary jurisdiction, is one
of immense Importance. It not only
settles the particular controversy
which called it forth, but it establishes
a rule of procedure in similar cases for
the future which neither ancillary
courts nor railway officials nor appli-
Cants for q declaration of bankruptcy
will be likely to disregard. This Is it's
most striking and general aspect; al
though, Of course, the local effect Of it,
in fixing for the future the general
headquarters Of the road in ST. Paul,
and continuing In Office the present
management, which has done such
import.
The justices Of the supreme court,
representing circuits which include the
entire property Of the Northern Pacific,
eastern district Of Wisconsin, repre-
scented by Judge Jenkins, shall be the
court Of original jurisdiction. This
means that the acts Of that court, in
Guiding the appointment Of Messrs. Nc
Henry and Bigelow as receivers, will
be affirmed; that all the other courts in
the territory through which the North
srn Pacific extends will accept its juris-
diction, and that reports will be made
TO 1t and orders received from 1t as Tong
as the property remains in the hands
Of receivers. 1t means that this splen-
did system will not be divided; that
there will be no separate and possibly
discordant arrangements; that the rule
tpf original jurisdiction is re-established
end that the possibility of having the
Northern Pacific wrecked by being cut
up into several sections, each managed
under the order of court that recog-
nized no authority higher than it's own.
is averted. This is something that is
not only Of local. it is of national mo-
tnent
The judges, In their statement Of the
conclusions which they have reached
lay down, very properly, the rule that
proceedings to secure the foreclosure of
p mortgage placed upon a railroad line
extending through several jurisdictions
should be begun in the district where
the principal Offices are situated, and
Nvh nf,n jr,
The property which the mortgage COW
ers. This is right and proper ruling:
which would make, at the present time
the district Of Minnesota the one in
which to bring these proceedings. But
At Is noted that, at the time when the
Northern Pacific was thrown into the
hands of receivers, it did have prop
lerty in the eastern district of Wiscon-
Sin; and, further and more important
than that, the jurisdiction of this court
was recognized for two years as pri-
mary by all the other courts in the
different districts along the line of the
Northern Pacific. These facts afford
a sufficient basis for designating Judge
Jenkins as the official properly having
charge of the property; and all are
agreed that he should continue to man
age it, through court officers Of his
own appointing, until the receivership
shall have been terminated
There has never been any doubt in
the minds Of those who have the in
terests Of the property most closely
at heart that this is the proper DISPOSE
ton to make Of it. Any other rule
must have resulted in the division of
the road in several sets of receivers. In
the practical ruin Of the Northern Pa
cific as a transcontinental system and
hence in enormous loss to those who
hold its securities. But above the con-
sequences to the particular road in
volved In this controversy there stands
the value Of a general rule of action,
laid down by four judges representing
the highest court of the nation, which
will undoubtedly prevent for the future
all such unseemly controversies as have
arisen in this case There can be no
doubt hereafter as to what court ap-
pHcation should be made to for the ap-
pointment of receivers. No other Judge
can, with propriety, or without sub
3ecting himself to the gravest criticism.
Aotertain any such motion, except the