St. Paul daily globe., 1896-03-05
NEARING ITS END.

1t appears, from the decision Of the
federal court at Seattle yesterday, that
the Washington judges are not yet
quite satisfied to end the little drama
in which they are playing part which
has now become something less than
creditablo to themselves. Although it
has been difficult at any time since
the controversy over the Northern Pa
cific receivership began to account for
the action of this court on grounds
compatible with the dignity and i'm
partiality that are supposed to be the
attributes Of every court of such au-
thority, yet there was some room for
difference Of opinion as to their mo-
tives in their earliest acts, if none as
to the wisdom of the course which they
saw fit to pursue. To set aside rule
OF Judicial comfy for no other purpose
than to divide the managing control
of a great transcontinental railway
system, thereby impairing its operation
and rendering the rehabilitation of it's
affairs difficult or impossible, was an
act difficult of explanation. The ac-
tion yesterday, reaffirming this posi-
ton, in the face of an opinion rendered
by the judges of all the circuits in
which the property of the Northern
Pacific lies, does not admit of any ex-
PLANTATION at all that is creditabIe to
thnt ifc f,.r lr. II
care to see in print.
This decision is surprising for two
reasons; first because of the trivial
reason alleged for it, and second be-
cause it must of necessity be futile.
The sole effect will be to keep Mr..
Burleigh in his receivership for a few
weeks longer, and to gather for the
Judges whatever of political capital
they can find in a course so repug-
nant to the public interest and so at
variance with the traditions Of the
bench. 1t is very high price that
they will have to pay for an advantage
so trif1ing and so problematical The
decision is based, apparently, upon the
argument that it is necessary. for the
protection of creditors, to have a
separate receiver in each Jurisdiction
whenever a corporation becomes in
solvent This is utterly absurd. The
court acknowledges the primary iuris-
nlctlon assigned to the court of Judge
Jenkins at Milwaukee, They gave
away any case that they might have
had in so doing. But they hold that
Lnls apples only to the matter of &C
counting. When it comes to the mat
Ter OF operation, each section is entitled
TO a receiver. It is necessary onIv to
hote that II this is true of Washing
ton, 1t is true of every other state
traYersed by the Northern Pacific in
all Of which it presumably has cred
itors. The theory of the WASHINGTON
court would thus call for ten separate
receivers, each alone and supreme IN
his own jurisdiction. This is not on1v
contrary to common sense and to uni-
form practice, but it would also ef-
NNNIANSiS uCoIlOy the possibility of ODer-
ating the system as a whole wraok
1t financially, and make it's divided
and warning sections an easy prev to
any one who might wish to acouira
them. 1t may not be too uncharitable
to suspect that some such object nc
this was floating in the minds Of those
who rendered the decision The wonder
Is that, when they had reached their
determination. they were not able to
assign for their act some reason which
would at least wear a specious appear-
ance of plausibility.
Without wasting more time on an
argument which its authors can scarce
ly have expected to be taken seri-
ously we turn to the equally singular
futility of their course. The Washing
ton judges must be aware that they
have nc power to perpetuate the anon
alous condition of affairs into which
they would plunge the Northern Pa
cific. It's management. as now con-
Quoted, in the interest of the stock