The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-17
SOLD FOR $1,000, 600.
HE Lake Shore Road Bid in by
tie BOndholders.


The sale q tire Seattle, LAKE saere =
Eastern railroad took place ye~ssssay. a.
advertised ssd the prcssr-y Vas % 70 ?.
che bcndhos6ers Of tbs narnsn1i s1ni %
eiyUaDa There wers 10 competing besss
Gezcse ell runsorx 20 the eortrArT. sas ne
tufv uofex orfhy faes1ens by which TIE &C.
sassoa uss marked ras tire s-uiisz~ tnef1
made in the FEDERAL court 70 n@Fs s's t@-S
Ies< possd.
Wtes. Jntr~ Fysnso-s asrerses the ssnch
~ 10 O'Clock yesterday rcynlnx ne un@sr-
ally large crowd presen. ac< the hn11 sS1
eftr along the corridors Of The bSaalng De-
eokeae6 that matters Of more tcan nrcinay
momeut were 20 be eisppses OF - vas
partly Accounted for By TIE fact fazs -
FEDERAL court had not been u ssssios sincs
Saturday. April 8. ard during The .nfervsi
% more thar q nioHfa Eood ceal 81 sss-
ne& had accumulated ara lawyers were
taking the first cpcorteDstv 20 cone ans
look after the interests Of tnssf respective
Chants. In ose portion % Ne ccs'rt rom
several applicants were waiting 20 take tAs
cath uf aiiegiaree And ps aemif'~d 70
American citizenship. Wf-htn the bar at
sosneyz we're watching for The Arse OPEN
sef.
Bot the cvezs Of central Interest xas the
Application for a p0z. ronsnsnt o. TIE lsAse
GAcre sale uAlrh had been advertised to
take place al high nosn yesterday Judge
Bis seaf. and tn1eed stated thai be was not
1seiinx wei. and would ses forward With
Monday al contested matters or those N
sfsch the parties desired 70 be heard
5srushsng shes< rspsdiy out Of the way, he
called the Lake Shore case. and there was
. subdssd str u exelfefnen; 10 the rocrn -
J. ~ Ashton arose aae salf:
Que..io Of Jurisdiction
s'Afny II please tire court. ! represent the
oesttie. Lake Hhors q Eastern railroad. the
corporation defendant in this sctl5n- In
S.sE 81 yosr honorss indiSpuxts9n shall
b. brief. ~ ! know that yo2 have inst
pesssd through an sriuoas sssslas ~ gfse-
kane. Since this case was last before pour
honor Il mas been appealed m sslFers@sieas
bond, hosevsr. having been furnished. TIE
defendant rood being IN the hands Ct re-
e@iver ana not seeing its wsv clear 10 fur
GfSS the enormous znpsrsetseas sor5 TIA.
would be required. The defendant has
G.sccyfrea that certain property embraced
1a thu dsefss and osdsr Of saie " not en-
braccd IN the mortgage. via SO shares Of
Che capital stock ~ the F'nten Depot Gors-
IsSy of Spokane Fails and also q leasshoid
e<sste FOR the psricd Of ninesy~nins years
~ and 10 certain property leased by sssd
tnlon DEPOT comssry."
Mr.. Ashton VAS proceessny 20 ask the
courts attention further 20 the matter.
when Jusxe Hsnford raised a poin, whsch
- NNffi1frHt4F
che case the auesticn Of jurisdiction.
''yeu say the case has been spYessea:
what jurisdiction OF II. 'hen. has this
COURT
Mr.. Ashton wanted the court 10 modify
t'e Decree 80 a. 10 correct the error 10
which he had called attention clasHlng
that unisss this we're done Injustice would
ee wrought by the sale which had been
ordered ana which was bow about 70 lake
pace.
Judge Hanford was Inclined TO think
chat 6y the very terms Of the appeal the
case was ncw before the appellate court
end not before this court. and that the
defendant had no reason 20 complain. in
asmuch ~ II had had ample time 90 DO
beard stu he said - would hear arg,s-
ment on the question OF jurisdiction, and
ex-senator AiieaA representing The bond
holters. made strong argument 10 which
he maintained that the appeal had taken
The case cat Of the jurisdiction Of this
court
I'm that appeal" sasd Mr.. Alien, The
very property is mentioned which j. now
gcssrred 20 In THIS application for a post
pcnsment OF the sale. The aegenaan, It,
trlf took the appeal. ana yet having thus
placed tho case OF It's own acocrd before
fhe appellate court, n now cognex before
this court. which no longer has jargssic-
the caze n which this court nov has
3ufisisctica are thoss relating 10 The sale
lfseif..
Citing the case Of k.tchea We. Randolph,
~ ". q. ~. he quoted the passage. tn
less an appeal IS perfected or 4 wrst %
error sued out and served within sixty
Gays after the refAsstl0n Of the decree or
5udgrneng complained OF. II Is not within
the power OF Justice Of this court 70 al
Sow a &uperkcae&s."
INT thess parties have allowed not
sixty days. ba: 81 months 80 pass by So
far as the enforcement. Of INDICTMENT IL
coucsrneGs iass court asw has iaria4ie-
Zion. bat there rs jurisdiction cnss RE
term OF she court AZ which the decree was
sendersa has expired. ard thsra IS nov 40
Way II reaching that decree excspg by re-
view"
In support of this positian. Nh Alien
cited III Z, 5 So, where the following
Vigorous ami pertinent quotation from s8s
=, 90 occurs. tSe language being that
o. Justice Miller. 81 tho United States
enprcfne court.
I'm this country sill courts have terms
ana F2eauGnS The time OF the COM
rasneemeni ~ every term. r. there l. half
dozen year. 10 iixca hy statute ana the
end of 4 by tho final adjournment ~ the
court for tas. term THIS ts the ease with
regard 60 the courts OF the United States.
end II there ha exceptions IN the state
courts they are nnsuporfanf II IL a xon-
srsi rs,te 81 the law thar an the Judgments
DEGREES OF nther orders If the courts.
however conclusive IN their character.
are under the control 90 she court which
pronoanccs them dpFiaE The term Al wh;ch
they are rendered OF enfcfed u rn,orsf.
and they may then he SGT aside Varst,,i
modified or eunHllea by that couft. Rut
u Is rule equally vel established that.
after the term has endrd. ali mat tlax-
socnts AMI decrees Of the court pa~s be-
yond tis contrei. ual~s~ stops hr taken
during that term ~ motion or oihervla.
70 set aside modify oF correct them ana
81 errors exist They can cnis lie corrected
by such preev~itnk. hy N~tt Of
error or appeal. "a may be aliowsts IN
court which by iaw can fcyisW the De-
.isloh 20 s'FonEb has TITS pt4as,sp1s
been upheld by THIS ccnrt thar " hsf~ rs,i-
fning that there - no court whlch can Pc
view tts decisions. e. has lnvsrtsh4v -
fused all areiicatons for rristatFfsse ,.,ate
AFTER tie Adjournment of the ,cstrt -
tho term at which the fudsuasn, aaas req.
oeFej, Ana th's - flac~t arsa the ground
that the case has PASSED ecSsnd the c,a-
troll 81 The ooaft'
Mr. Aneo aIsn referred &C. a., exrrs..
stipulation NJ the PARTIES r, tNe -,
sAit, ~ WHOA ghe Vrry pyass-rsy - .,,,t-
raeratet which they are uew ffasrvsre !.
not embraced IN the mov;xasr Iie ga
not Visa 50 nANV q point 81 this how.
ever. cNhfii"s ~ stfeng,ca solely ta tie
question OF teE1~iicglon-
James Hamilton Lewis So, ,r,v,~,-.., ,.
associate ccaaeel Mffh : a Yssses ,-.,.-.
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