The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-04
aRLEIGH STILL IN.
"a he Be Removed or Reap
pointed Receivera
~ssox WILL BE MADE TO-DAY.
~-.ztxeu for His Removal .fct By
xsEument and Motion for
-Four Rccefvcrs.

-. a ne Fezae1ai court yesterday 90
,ss Northern Pacific recesverxhio
..~sss ester a formal and perfEncfory
s~r~s xsff Justice Fields order. re-
- 49, w1fh the clerk Of the United
-. ~ozr1 &c this city, and would thereby
s.---,rs TIE primary administration o. the
$50 sssfss CIR 81; court for the Eastern
s-rrs o. Wisconsin and confirm the ap-
-. 81 mat court, McHenry ard Bfxe-
-. eoosned 20 disappointment SEN
.;sSr. ss attorney for the Farmers
-. - Tyast Company. presented an ap-
<-.s1~ asking that this be done. but the
- a. ire application was opposed by
-. .rxurussss that are certainly worthy
[~~x~ consideration. and. a. foreshA<I-
- s J,,sxe Hanfor5.s order iu which
= -. xss Sc for hearing. by a very DIFF
- sposseasion from E. n Carr as the
-.-~<rssfsye Of the Northern Pacific
e7srsaa Company. who accompanied his
.--srassen for the appointment OF four re-
- VITA statement from Mr. Petit
.S-rv.nx bad faith on the part Of some OF
2. stsnrnsys who had submitted the ease
!. - ssar s.sStices OF the United States
~-,,rs court the court took the case
- ssvssernsnf. promising decision at
ecle<k this morning.
History of ne Case.
A. shs ease IL ore Of such general inter
= h NAV be well "a rehearse briefly tbs
- ~ which Sc progress thus far has
- za-ksd The suit which has grown
: = sarh g complicated one may be re-
s.rsss az dating is beginning from Au-
e. Il 1866. when Il. u. winston. me
s.-xsrs' Loan and Trust Company and
80, s.ea bln OF complaint IN equity in
| - Isngfed States circuit court for The
. x.rsvn district Of wisconsin against the
x.rsasrn Pacific Railroad Company. and
=. ssur, appointed Thomas +. Cakes.
Tsxrz g Payne and Henry c. Rouse as re-
.sx<rs OF the Northern Pacific Railroad
eerneny Two days afterwards. In suit
.sssvsrx practically the same parties. the
- aDposated the same receivers. and in
s~.sa@r. ixss. consolidated this suit with a
a, Fsf foreclosure brought By the same
.xrt.<s axsinst the railroad company. nam
= the same receivers in the consolidated
nj These receivers were generally rec
ws.z<d and their appointment confirmed IN
- various United States circuit courts be-
b.. which the railroad cases came up.
re affairs Of the road aid not move sat
stse.crssy. and last September the three
.rx,ssrs, Cakes, Payne and Rouse. filed
t.str designations with Judge Jenkins, of
d. eIreust court for the Eastern district OF
Wisconsin, who appointed as their s1eces-
~ Eawtr H. MeHenry. OF ST. Paul. and
Tss.k @ Rlgelow. of Milwaukee.
usxavhlle. when the case came uo before
;vSxe Hanford here last fan he summoned
- thrse old receivers To appear Ia his court
I'd rsster an account of their doings They
e nos see fit to obey the mandate of the
cart. but finally presented their reslgna-
tsns. apparently taking IL for granted thas
tssxs Hanford would accept them But
shs Judge die nothing OF the kind. On the
ec.srary, no positively refused TO Do 80,
aad Instead he summary removed the
tsrse gentlemen from the receivership.
saa instead Of appointing the two men. Nc
rssry and Blgelow. he appointed as re-
ee.ssr for the road In this state Andrew II.
Tsrssssh.
Rurieigh's Receivership.
since that time the pubic Il more farnil-
/. with the history Of the ease. Ar. Bur-
Iarf's recelvership was gradually extend
:. hy successive court orders until II
rsaehea 80 the eastern line Of Montana.
ssas having under It's tall8wick more than
gss-thluls OF the Northern Pacific mileage.
TAere were now three distinct sets OF re-
sssvss representing the interests OF the
M N the four jndicia! circuits In which
10 property is represented, Oahes. fayhe
tss Reuse continuing 10 serve In the sec
saa or New YORK circuit SO far as Re-
sAssr Barleggas conduct Of affairs on the
sssse~a erssi OF the line Is concerned. IL Is
M we'll known 10 the people throughout
fhs s~cxs0n 10 need Any comment lie
sssxal 10 create no division IN the inter
s~'x az the road lie created no separate
kara OF general officers. ba, on the other
had named the Eas.eTa AZ pointe.s as his
ssn his ONLY separats appointment be-
kg that OF G. W. Dickinson as general
nanAgey for thts end Of the road.
But there was pickering end jealousy
al strife among others charged with
O. Interests OF the road. and IL gradually
kecAmA evident that sonethlng must be
soae 10 remove The conflicting jurIsdic-
go1s which might at any moment bring
are peri ard disaster 20 TIE great prop
~y.
The Broken Agreement.
TAe attorneys representing 81 The inter
ssss are said so have held q consultation,
aaa agreed 20 submit the matter 90 the ar
fsyation or the four justices Of the United
tsz,ss supreme court who we're assigned
. the four circuits concerned. These were
fsssscss Harlan. Brewer. Brown and
Fst. II leaked OFT that II was part CT
ne agreement among the attorneys THAI
shca me On stion OF primary Jurisdiction
HI heea thus adiudlcatea b the justices.
sssr eonrt should ~ recognized as having
srlsssrfion 70 appoint as Joint rereivers
We tbs Whole rcsd four men. " hose names
ssy sgraea on before submitting the ease
v sAa justices These four men were
Ssssts Mcuengy. BtEeiow. Burleigh and
ezscway
The hvtless decided. Il VIII re reFnsn-
ssret that the circuit court for the east
- sissrict q Wisconsin. presided over by
6s&gs Jsaktns should bs recognized as
as eoeyt 81 primary administration. Bat
re sssernsys seem 20 have failed % agree
- . their request. ana when the case
eare M before Jtaige I.acornte a. New
fosk, February H. after a weeks ccns.d-
saaoa - the matter. ee simply ccniiT.re3
Ashsgv ard Hge'ow. having ars;- &C
~ - TIE destinations 81 the three cid
fss~'Sers. oskes. Payne ard Rcsrse.
SEss3ee Field on the basis - the agree
80 reached ny the fos~ fusfSces. sent
~ eourt arseT freEu Washington CITY. :
'~eEnirng the primary Jurisdiction OF
sss cifculg coert fr the oastersF district ~
ssee1sn. Tea fact that Justice Fl@i
s& not or the bench In this the Ninth
s'real,, wAsn hs made this order may. as
Ntcsfsri - gre pres ntatjoa e the casa
,F>'eTiay, cat sazne figure. Al any rate
er3sr = ts received here. placed n he
ks office February IS. ard market
~ FEBRUARY - senator Spooner an-
~ % 1ntEo C'Herf at san Francisco
'reeriiF With schs-aatiellv ths ssr4aa an
sse@fau Fveseate3 hy Seaator Allen yes-
.p@y bar 5uiEr Gnheri would not hear
- aFa3'osssnn except On open court. ard
ass AeaTtas Tor yesterday.
Yesterdays Hearing.
VS. TIE case was cAitrd yesterday
$50 a. 70 o'ei1ck. the Frsls~1l co-Ir;
- Ff'esstel 81 animated sce1e. yudRa
naa arrived from Portland the
sAaf neser~ ard vas VIII Jgstve Han
e Ne bench. cr - - more Ere,.sc.
49, han.o-3 VS. with hi,n. Since Igdae
49, Vas % hear tho case. The rcsy1
srp~1ed Rl.h attorneys from TIE
1870 earr.s,er 8~aOa thigher BY pcr-
- laiefeat w ~ his desire % sElarE.
Asrt2sa Ia sas h,~a OF co-rorassssa faN.