St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-15
HARMONY IN SIGHT.
THE GREAT NORTHERN PACIFIC
MIDDLE WILL SOON BE
ENDED.
ALL FAVOR ONE RECEIVER.
MIR. sPOONER EXPLAINS THE POSI-
TION OF AFFAIRS
FULLY.
ARGUMENTS ARE NOT FINISHED.
Justice Brown Refers to the Posi-.
bfIfty of District Courts IgnOr-
ing Any Order.

The public has such meager know1-
/ edge as to the relations of the federal
! courts to each other that the G o b {
has secured from a leading ST. Paul
attorney the following statement in
reference to the Northern Pacific case,
now before the justices of the supreme
court at Washington:
Much Misrepresentation exists con-
! corning the hearing being had at Wash
| 1ngton In the Northern Pacific fore
closure case. False and misleading
| kilograms have been printed, and no
clear or correct statement has been
! published in the press so far as L
! have seen. The public seems to have
an idea that the justices are sitting
as a board Of arbitrator, or in some
other irregular extraordinary capa-
city, exercising some function not
conferred on them by law. Some of the
kilograms, too, say that they are to
appoint receivers or recommend some
plan OF action to the circuit courts,
all Of which is quite incorrect.
The facts are that the justices are
hearing legal argument and are ex-
pected to decide a purely legal ques-
ton in way quite regular and not
at all unprecedented. They are ex-
pected to make decision binding in
the circuit courts and not a mere rec
ommendation.
The matter comes up in this way:
The foreclosure against the Northern
Pacffice company is pending in the
courts Of four circuits where that COM
pany has property, namely in the Sec
ond circuit, New York; in the Sew
enth circuit, Wisconsin and Illinois;
in the Eighth circuit, Minnesota and
North Dakota; in the Ninth circuit
Montana and the states further west
hn oatn
preme court are also justices of the
circuit court. one justice being as
signed by rule Of court to act as cir
cult Justice In each circuit. AS such
circuit justice he is the ranking cir
cult judge and his opinion controls
when he sits with any other circuit
judge.
Justice Brown is thus a circuit
judge In New York, Justice Harlan in
Wisconsin, Justice Brewer In Mime
sofa, and Justice Field in Montana
and on the Pacific slope. Any one of
these justices can hear case pend
ing in the circuit court of his circuit,
but he hears 1t as circuit judge, not
as supreme judge.
THE hearing at Washington is on
petition in a suit pending in the
above named circuit courts, and the
justices are sitting as circuit judges
The case Is in no sense before the
supreme court. For convenience only
the Justices sit together at Washing
ton instead Of attending their several
circuits and compelling counsel to
travel across a continent and make
four separate arguments before four
courts located from New York to Sc
attic.
The question submitted is, what
court has Jurisdiction to give orders
and grant decree Of foreclosure, not
who shall be receiver? The latter ques-
ton will not, think, be suggested
even. When it is decided what court
is to make orders in the spit and grant
the decree. that court alone will name
the receivers.
IF the learned Justices agree (and
it is to be supposed they wiID, each
justice will naturally enter in his cir
cult the proper order, the same order
being entered in the other circuits.
Thus harmony is expected to result
single receivership conducted under
the order of some one court