The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-05
HE is THE RECEIVER
A. 7. Burlsigh Prssides Over Two
Thirds Of the N. P. Road.
SEATTLE'S COURT SAYS SO
Judges Gilbert and Hanford Deny
the Application OF the Com
plainant to Appoint Mo
Henry and BigeIow.

Seattle. Wash, March A r. Bur
leigh Is still sole receiver OF the North
ern Pacific railroad for the state 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 & Trust company
to have Burleigh removed and Nc
Henry and Bigelow. as the receivers
appointed by Judge Jenkins at Mil
waukee. appointed in his stead. The
decision was handed down In the fed
eral court here this morning by Judge
Gilbert. Judge Hanford concurring
The decision contains a keen thrust at
the eastern people who have sneered at
the authority Of the court here and
who. IL is alleged. dlsobeyed Judge
Hanford's command to appear In court.
The decision is received here with
general qualification. The decision
quotes the order OF the circuit justice
declaring the Wisconsin United States
circuit court to be the court OF pn-
mary administration and says:
But this court reserves the right. at
any time. upon the application OF any
persons interested. or upon its own mo-
tion. to make such orders and DEGREES
as Il shall seem just for the protection
OF the creditors of the railroad COM
pany residing within It's Jurisdiction.
IL Is urged on behalf OF the Farmers
Loan * Trust company. that the dis
charge 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 not so construe the terms
or the purports OF the order. 1t de-
clares that the court at Milwaukee is
the court OF primary administration. II
does not follow. however. that IL Is not
implied I'm the order that the receivers
heretofore appointed by the court of
primary administration shall be sub
stituted in his place. All the objects TO
be secured by the order may be OBJ
tanned by the retention OF the present
receiver. In our Judgment the proper
management OF this property requires
that IL be in the hands OF a receiver
resident within this circuit and amen
able to the orders of the court thereof
I'm the order of the circuit justice
the power OF this court to do whatever
may be by the court deemed essential
for the protection OF the rights of
creditors of the corporation residing
within the district for which this court
Is held Is expressly reserved. and II
is our opinion that u Is necessary, IN
order TO secure the creditors the right
| to commence and prosecute actions
against the receivers OF the courts OF
| this state or in this court. 20 have as
receiver a person WHO Will under all
conditions submit to the control Of this
court. recognizing Bts power to appoint
and approve. We believe. therefore.
that the present application cannot be
granted without an absolute sacrifice
/ on the part OF the court of the powers
and prerogatives which belong to II.
and which are necessary for the protec-
/ ton of the rights OF the people entitled
| to invoke IT'S Jurisdiction. The rule OF
comfy does not require of a court ex-
ercising ancillary jurisdiction any such
/ abdication of its discretionary powers.
/ McHenry and Bigelow being non-rcsi-
/ dents and almost constantly absent.
/ creditors must, to enforce any demand
/ against them. seek another forum. for.
| II this court cannot call the receivers
/ 70 account for their conduct. II Will be
without power TO compel them TO ap-
pear in the courts within this state in
/ answer TO any process. In view OF past
/ experience. we are not willing to APP
point as receivers persons who will not
recognize the power OF the court 10 con-
/ troll them in the administration of the
trust The application OF the com
plainant will. therefore. be denied"