St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-11
NEARING THE END.
NORTHERN PACIFIC RECEIVER
SHIP TANGLE TO BE CLEARED
UP VERY SOON.
RECEIVER M'HENRY SHARES
IN THE BELIEF THAT UNITED
RECEIVERsHIP WILL APP
PEAR SHORTLY.
I'm the Solution of the Intricate and
ch-2iisunderstOOd Sit
uatiOns

ODOU Wldl SCSlIo " NC PlCIIy SOOo
authority it may be stated that the
judicial squabble which has for some
time prevented the much wished-for
united premiership on the Northern
Pacific railroad is in fair way to
be settled, and that, too, at no very
distant date.
While it has been frequently stated
that the stumbling block was the ques-
ton Of primary jurisdiction, it is ques-
tionabie if the public has more than
a superficial knowledge of the condi-
lions which have marked this very
important case. The primary obstacle
and the one which has effectually pre-
vented a speedy settlement of the re-
ownership tangle long before this is
found in the fact that there is no law
on the statute books providing for the
location of primary jurisdiction in the
case where a corporation operates in
several states. 1t is true that ques-
tons, similar in their character to the
Northern Pacific case, have come up
before, but by the law Of necessity or
good sense it has been tacitly agreed
to abide, and that provides that pri-
mary Jurisdiction shall rest in that
state where the action is brought, and
the corporation is operating shall have
ancillary or assistant authority or jul
risdiction. This rule has always been
followed, and all possibility of endless
litigation and expense has been obviat-
ed by the ancillary courts, which have
gone through the formality Of taking
the action Of the primary court as
precedent.
nf oil f1n
lies with the Western court, which
Prrayed itself against the Eastern
Judges, and raised the point that it
had quite as much right to primary
jurisdiction as the Milwaukee court.
Following this line Judge Hanford,
in Seattle, appointed Andrew f. Bur-
leigh as an Independent receiver for
Washington, not however, until Judge
Sanborn had extended the jurisdiction
of Mesers Bigelow and McHenry,
Judge Jenkins appointees, to his DIS
trict, namely, Minnesota and Dakota,
according to a time honored precedent.
Straightway after the appointment of
Burleigh, Judge Knowles named him
as one receiver for Minnesota and APP
pointed in addition Messrs. Mills and
Bonner.
Judge Lacombe in New York. in
stead of further complicating matters
mas IeDSaISlIy uSleIIeu dClloH dihii
something definite could be arranged
and at the session of his court yester-
day again postponed the case.
AT one time since the tangle has eX-
listed it seemed as if the interested par
ties We're to be reconciled, but the ques-
ton of jurisdiction hove in sight like
spectre in the night and the whole
thing apparently fell through. During
the last few weeks the New York peo-
Pile have been at work trying to get to-
gether the frayed ends and it is said
that before long the now famous case
will be in some way settled.
1t is possible in the opinion of the
lawyers, for the four circuit judges,
Jenkins, Sanborn, Lacombe and Gilbert
to arrive at an amicable adjustment of
the matter. By the same token the
case is taken out of the hands of the
receivers, the attorneys, and other in
terested parties, and if the circuit
judges fail, the solution lies with the
judges of the supreme court who, like
Judge Gilbert when he overthrow the
action of District Judge Knowles
in appointing Messrs. Mills and Bon
ner, can and may find it necessary to
undo the appointments of the circuit
Judges.
The case has not yet reached the
judges of the supreme court all reports
and kilograms to the contrary notwith-
standing.
And there you are.
Receiver Edwin H. McEenry returned
yesterday morning from Milwaukee,
where he went to attend with Receiver
Bigelow, to certain business of the
Northern Pacific Mr.. Bigelow had
just returned from New York, where he
naturally met and talked to various
persons interested in the case. He and
Mr.. McHenry were together most of
the day.
The latter was seen in his office
yesterday and beyond declaring that
most kilograms sent out from various
Northern Pacific points regarding the
case had only the f1imsiest foundation,
ceivership "The matter is entirely
and absolutely in the hands of the
courts" he said to the G o b re, land
while / am not at liberty to discuss the
details of it, do not mind saying that
there is plan on foot in New York
which may settle the whole case, and
may settle it without very much more
delay"
Auditor Martin was preparing yeSter-
day, whenever he should be notified of
the action of Judge Gilbert overthrow
- ing the appointment of Judge Knowles,
to change the detail of accounting so
that the daily and weekly estimate of
earnings as we'll as the reports should
be sent to Mr.. Burleigh instead of
Messrs. Mills and Bonner.
AS intimated in the G o b e yester-
day, Judge Lacombe took no action in
the case in New York yesterday but
held it over until a later date when
some definite. plan may be acted upon.