New-York tribune., 1896-01-15
RAILROAD INTERESTS.
NORTHERN PACIFIC TANGLEs.

Gt.MENTs ~ A NOVEL Protecting HEARD BIZ
SUPREME COURT JUSTICES
Washington. Jan. li--Justces Field. Harlan.
Brewer ard Brown Of the Supreme Court sitting IN
chambers this morning, heard argument OF counsel
representing the Northern Pacific Railroad Com
pany the receivers of the road. the second mortgage
bondholders and the Farmers Loan ard Trust Com
panv asking the justices To recommend 10 the
Judges Of the various circuit through which
the Northern Pacific road runs and who are at vari-
ance on the question ~ Jurisdiction that some one
court be designated as having primary jurisdiction
These four Justices woad, II sitting IN their various
circuits exercise controlling power in those courts
were the cases presented TO them. Ex-senator
Spooner and W. r. Turner appeared for the Farm
ers' Loan and Trust Company and the original re-
celvers Joseph II Choaie for the Adams Committee
ot bondholders. Mr.. Ca-d0za for the second mort
gage independent b)ndholdcrs. and :. W. Petit.
general counsel OF the Northern Pacific. for the
company Colonel James McNaught. formerly gem
eraI counsel for the old organization. was also
present
The situation is this: Judge Gilbert has conso-
dated the rccevershps IN his circuit cutting off TWO
rer~!vershipS IN his jurisdiction. Ire receivers IN
Ncw-Y ork continue a heretofore. while IN the Nllth
of Wisconsin, Minncsota ard North Dakota, there
% North Dakota. The last-named receiver - no;
interest OF the Northern Pacnc road wa mere repre-
and the were all agreed that these proceedings
should be had The conflict OF the courts would re-
sui, In great loss to IN. road and eventually bring
about its dSmemberment The present state OF al
fairs could not exist long The nrst bill for the an
pointment of receivers was heard 10y Judge Jenkins
Of the Eastern District OF Wisconsin. who had ap-
pointed the first receivers and be contended that
that Judge now had original jurisdiction
EX-Senato: Spoorcr sad the present stutCon
absolutely ini0erable. The result would BE-
that the foa which WAS created as an entirely
by an acf of Corgi,s- mortgAgrd a. an entirety.
atei by The company "a an entirety, would be spli
up Into sections each rur ~ separate road, with
separst. officers. and operated. other roads are,
under tfaiiic agreements or on a mileage OASIS
which brought about this state ~ Affairs. begin.
ming yith the appointment by Judge Jenkins OF
the first receivers and the subsequent denial Of
their jurs sc'ion. and the appointment OF others 10y
judges of other circuits through which The North
Paclnc runs In support Of his argument 70.
similar litigation n the cases Of the Santa Fe.
Wabash and southern railroads, where the -xclu-
slVc primary jurisdiction Of the court OF original
proceedings was unquestOned. Mr. Sp1Oner had
not finished his argument when IN" Justices adj
journed the hearing until tomorrow morning, when
Mr.. Spoorer Will have forty-nye minutes Mr.. Pet
IL an hour and Mr.. Ch0ate fifteen minutes.
The proceeding * entirely move ore n the
history OF Jurisprudence IN this country, and at
present n , one can say what Will bc done. COun-
sci desire the justices to agree upon an order to be
entered upon the records OF Pl the circuit courts
In several circuits. directing that one court be re-
cOgnzed az possessing primary jurisdiction. pro-
ceedings other circuits 10 be anriliary thereto.
Should the justices conclude that they have not
the power .s>ue such order. tAtn il is desred
that a r-commendI he made TO the various cir
cult Judges that they Grcade To the designation o.
one OF the circuits as having the jurisdiction.