The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-11
ATTACKS THE JUDGES
Weeping and Tearing Of Hair
in st. Paul.
OVER THE NORTHERN PACIFIC.
In n Vale Of bitterness and Despair the
At. Paul Globe Cries Out Against
the Decision.

Judge t1lltGFi anu ftAEtpf1 ia +-S
Northern Pacific recei.ership ease. the ~
Paul Globe publishes a leading editorial
which Is extremely bitter in tone and unfair
In statement. II does not hesitate to as
cribs 20 those two judges motives bare
enough TO draw down the sxecrsflon of
ell honest men. 1t impeaches their SIN
certify. ridicules the course OF reasoning
on which the decision IS based. and at
tempts to show its futility hy asserting that
a journey to the Pacific coast by the su-
preme justice assigned 10 this circuit VIII
overthrow the recent decision and bring
tho matter 10 an end.
Now and then IL happens that a poet
utters some fervld sentiment which 50 apt
ly characterizes his oEn personality that
yoster1ty applies to him the words he had
spoken of his fellow-man or an ideal crea-
ton. II may he that those who know
Judge Gilbert and Judge Hanford and who
have some respect for their honesty, com
mon sense and knowledge Of law will think
the Globe editorial a more fitting epitaph
for those from whom IL em8nated. II Is
as follows:
ut appears, from the decision Of the Fed
eral court at Seattle yesterday that the
Washington Judges are not yet quite salts
fed to end the little drama tn which they
are playing part which has now become
something less than creditabe 10 them
selves Although II has been difficult at
any time since the controversy over the
Northern Pacific receiversh.p began. to
account for the action Of this court on
grounds compatible with the dignity and
impartislity that are supposed to be the
attributes OF every court Of such author
ity. yet there was some room for difference
OF opinion to their motives in their earil-
est acts. II none as To the wisdom Of the
course which they saw tit to pursue To
set aside a rule Of judicial comfy for no
other purpose than to divide the managing
control OF A great transcontinenta railway
system. thereby impairing its operation
and rendering the rehabilitation OF It's ar
fairs difficult or impossible, was an act
difficult OF explanation The aston yes
teriay. reifiirming this position. IN the face
of an opinion rendered by the judges Of al
the circuits IN which the property OF the
Northern Pacific hes does not admit OF any
explanation At Al that is credltable 70 this
court or that its friends would care 10 see
in print.
This decision is surprising for two rea-
sons; hrst because Of the trivial reason
alleged for II. and second. because n must
or necessity rs futile. The sole. effect Will
ts to keep Mr.. Burlelgh in his receivershlp
for n few weeks longer aud 30 gather for
the Judges whatever Of political capital
they can ind by course so repugnant 70
tho public interest and So a. variance with
the traditions Of the bench. II Is d very
high price that they wili have 10 pay FOR a \
advantage so triflns and 80 problematical
The decision Is based. apparently. upon the
argument that II is necessary. for the pro-
tectirn OF creditors. 10 have "A separate
receiver IN each jurisdiction whenever a
corporation becomes insnlvent This rs ut
terry absard The court acknowledges the
primary Jurisdiction assigned 10
tho court Of Judge Jenkins at
Milwaukee They gave away any
case that they might have had IN so
doing. hut they hold that this applies only
10 the matter of accounting. when It comes
TO the matter af operation. each section
- entitled - . receiver. 1t Is necessary
only 60 note that " thia IN true OF Wash
lnEtoni y IS true or every other state trav-
ers"d by the Northern Pacific !n ell az which
II presumably has creditors The theory
OF the Washington court would thus c.u
Tor ten separate receivers, each alone ant
supreme IN his own jurisdiction. This -
not only contrary to common sense and
20 uniform practice. but u should also Of
fe''tiNely destroy the possibility Of operat-
ing the system as whole wreck it imam
cially and make its divided and warning
sections an easy prey 20 any one who might
wish 10 acquire them. II may not he FOO
hnchariahle "a suspect that some such
object ms this was floating ia the minds Of
those who rendered the decision Tho wonder
Is that. ~ men they had reached their deter
mination they were not able Ia assign f1-
th"ir act some reason which would at lea Il
wear Sp7cious appearance Of plausth,lifv
without wasting more time on an ar
eumeni which its authors can scarcely
have expected 10 he taken seriously, We
'htn 10 tho equally singular fItEitr Of
their course. The Washington ht,lr,s
must Tee aware that they have no power 20
I"rp"fhafe ihe anomalous condit on Of At
tAlrs into which they would plange the
Northern Pacific. It's Management. "a
now conducted. I'm the interest OF the stock
holders ant with marked iegree ~ 81.
UFtFnFN. VIII not he dist ss.aI hts .