The silver blade. (Rathdrum, Idaho) 1895-1903, 1896-03-07
THE COURT HAS so DECIDED
Keen Thrust ar Eastern People Who
Have Sneered at the Authority
of Our Judges.


ern Pacific railroad for the states of
Washington, Idaho, Oregon and Mon
tana, comprising more than two thirds
of the mileage Of the system So say
Judges Gilbert and Hanford Of the fed
eral court in denying the application Of
the Farmers Loan and Trust Company
to have Burleigh removed and McHenry
and Bigelow, as the receivers appointed
by Judge Jenkins at Milwaukee, ap-
pointed in his stead. The decision was
this morning by Judge Gilbert, Judge
Hanford concurring. The decision con-
tains keen thrust at the eastern peo-
pie who have sneered at the authority
of the court here and who, it is alleged,
disobeyed Judge Hanford's command
to appear in court.
The decision is received here with gen
eral satisfaction. The decision quotes
the order of the circuit justice declar-
ing the Wisconsin United States cir
cult court to be the court of primary
administration, and says: "But this
court reserves the right at any time,
upon the application Of any persons in
terested or upon it's own motion, to
make such orders and DEGREES as it
shall seem just for the protection of the
creditors of the railroad company re-
siding within it's jurisdiction.
ut is urged on behalf of the Farm
ers Loan and Trust Company that the
discharge Of Burleigh by this court and
the appointment of McHenry and Bige-
low in his stead are necessarily in
volved in the conclusion arrived at in
said order Of the circuit justice quoted
above. We do MOI so construe the
terms or the purports of the order. 1t
declares that the court at Milwaukee
is the court of primary administration
1t does not follow, however, that it is
not implied in the order that the receiv-
er heretofore appointed by this court
must be discharged, or that the receiv-
ers appointed by the court Of primary
administration shall be submitted in
MS place. All the objects to be secured
by the order may be obtained by the
retention of the present receiver
In our judgment the proper manage
ment of this property requires that 1T
De In the hands of a receiver resident
within this circuit and amenable to the
orders of the court thereof. In the order
OF the circuit justice the power Of this
court to do whatever may be by the
court deemed essential for the protec-
tlon of the rights of creditors of the
corporation residing within the district
ior Which this court is held is expressly
reserved, and it is our opinion that it is
necessary, in order to secure to creditors
'he right to commence and prosecute
actlons against the receivers in the
courts of this state or in this court. to
nave the receiver person who will
uhoer all conditions submit to the con-
.lol OF this court, recognizing its power
" appoint and approve. We believe,
efeIore, that the present application
e'ii not be granted without an absolute
"ocrl1lce on the part of the court OF
towers and prerogatives which belong
II and which are necessary for the
p,olectlon of the rights of the people
sn.ltled to invoke it's jurisdiction. The
aie OF comfy does not require OF q
oeuit exercising ancillary jurisdiction
MY SUCH abdication of it's discretionary
covers. McHenry and Bigelow being
i-resldents and almost constantly alb
IT. creditors must, to enforce any
eiiiand against them, seek another
olum' forif this court can not call the
- eelvers to account for their conduct
~ viii oe without power to compel them
~ appear in the courts within this state
~ answer to any process. In view OF
80 experience we are not willing to
ny ppoint as receivers persons who will
recognize the power Of the court te