The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-04
Yukon Camp Stove
Endorsed by practical Alaska Miners as the
Correct Thing. Call and see it.
T. c. MILES co. fIg 10 III Ysay Var DAvIDsoS.

Gt6IE &f-LiGE OF frE<% frt1TE9 t4@aQ-Ea . ~
cefver. who must be upon the ground and
under their personal direction and super
vision. not to preserve the property. but TO
protect the rights of the travelling public
and thu public a. large"
A similar Case.
Mr.. Ashton then read az length from tse
1eclsson % Justice Harlan 10 which he had
referred. 81 TIRE case CT the Mercantile
Trls. Company vs. TIE Ksnswha & Ohio
Railway Company. Thfrty-sirth Federal
Reporter, ID ST A.. case which bears a
striking similarity 20 the case n hand Mr..
Ashton commented on tire decision as Ia
read. and at the following words o. JUS
ties Harlan his voice had triumphant
ring:
1T Nigh. be wen IL congress wculd 20
enlarge or regulate the Jurisdiction OF the
courts % the United States as 20 enable a
circuit court IN which Is brought an org
fnai suit for the foreclosure OF a mortgage
resting upon an interstate railroad 70 take
actual possession. by its officers, OF the en-
tire line. ard OF all the rnorfgaged property,
wherever situated. and administer IL for
the benefit OF all concerned: preserving in
that mode the unity OF the railroad and the
just rights OF nortsagors. mortgages,
creditors. as well as those OF the general
public. Bat there has been 10 such legis-
latsor. and we do not see our way clear
TO effect any such result by judicial orders
merely"
Receiver Burieighss Career.
With reference to Receiver Burleigh's
official career Mr.. Ashton said: Instead
of performing any act which might disturb
the harmonious relations OF the property.
he has done everything IN his power TO
insure harmony He has appointed the
same treasurer. the same comptroller. the
same auditing officers; he has appointed. in
fact. all the important executive officers
already IN Office. And that harmonious
eond ton which has preserved millions to
the stockholders and bondholders. and
which has insured 10 the travelling public
opportunities to travel and transportation
10 shippers. is all due &c tire action and the
policy OF Receiver Burleigh.
The question is simply whether Re
ceiver Burielgh shall be removed because
through some assumed or imaginary idea
or law the words primary jurisdiction mean
the power 20 appoint receivers over prop
erty goo miles away from the location OF
the court calling itself the court OF primary
Jurisdiction: which power In Itself would
simply give II the right 10 administer the
property. but as to the particular steps TO
be taken in administering that property
pending the foreclosure Is a matter purely
anciilary In its character. and over which
this court can exercise discretionary pow
ers without violating any rules Of comfy,
and Notwithstanding any orders heretofore
made by a court in another circuit, which
may or may not be the court or primary
jurisdiction"
w. A. Underwood for Burleigb.
W. A Underwood. Mr., Burleigh's New
York counsel. addressing the court. said:
'It Is Mr.. BGrIesgh's expressed wish that
your honors should understand that he Is
Ea~ - uyhf
honors may make In the premises. He de-
sirss to submit himself to the VIII OF the
court, and he desires that his own person.
aiity shall not cut any figure in this trans
action. There are. however. some things
which he feels. as an officer and an arm OF
the court through which Il exercises Its
authority over the property. should be pre-
sented.'
Mr.. Underwood then proceeded 10 present
some Of those things In a very forc!ble man
ner. He maintained that the utmost effect
OF Justice Fields order. even II carried out.
would be to make this court ancillary to
that OF the Eastern district of Wisconsin,
which did not imply that the order APP
pointing Burleigh must be vacated; that the
decisions OF the district or circuit judges
are not subject TO review by Justice Field /;
that circuit justice has no right to make
such an order as the present In chambers !;
that no acts Of Judge sitting in chambers
are Of legal force except such as expressly
prescribed by statute or by rules or the
court and that such an order as that given
by Justice Field IN the present case Is not
so prescribed. In support OF each OF these
propositions he cited a long and formidable
array Of precedents, and In conclusion said:
IT have taken pains TO cite these cases.
and particularly those with reference to
habeas corpus proceedings. TO show that
the supreme court has uniformly recov-
nized the distinction between business done
at chamber and that done by one OF the
justices az Judge in The circuit court.
This brings US back TO the proposition
with which we started. Your honors made
an order IN open court, after argument and
after decision. and there Is nothing now TO
show that that order has ever been va
Gated. modified. except on some hearing in
Washington City. Mr.. Justice Field made
an order that in the administration OF this
case this court should be anclllary 10 the
court az Milwaukee. But TO what extent
and upon wha; representations that order
was made nobody knows. II Is claimed for
Il that Il supersedes the order made by
your honors: that II cornpels you TO act as
registers OF the win OF the court at Nil
waukee: but II seems to me. IN view OF the
authorities and IN view OF the practice OF
the courts. Il IS certainly not the law
In behalf OK the railroad company. <. NJ.
Carr said:
''Afr. Petit. general counsel for the
Northern Pacific Railroad Company. IS au-
thority for the statement that II was part
OF the agreement entered into by all the
interested parties that whatever court
should be determined by the four Justices
20 be the court OF primary jurisdiction. al
tha Interested parties would unite In an
application 70 such court for the appoint
rnent OF Messrs. Rigelow, McfIenry. Bur-
leigh and Galloway as receivers. / now
request OF your honors the appointment OF
those four gentlemen as receivers OF the
Northern Pacific Railroad Company IN this
proceeding. Mr.. Petit feels that while this
agreement has been violated by the other
rarties 10 Il. the Northern Pacific Railroad
Company Is stln bound b. q. and IN pur-
suance OF IL he wishes this application
made. As 10 that part OF the petition here
:ofore presented which asks for the re
raoval OF Mr. Burleigh az receiver. I have
nothing further 20 say than that the cor
uo~ation IS opposed TO IT,
Mr.. Alien. In submitting the case made
no further argument and Judge Gilbert
announced tina; the court would max.
known It's conclusion in the matter this
morning az 10 O'Clock.
Miss Pages sudden Death.
Mss Sarah r. Page. who has been teach
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