The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-27
JUDGES WERE RIGHT
Each Auxiliary Court Has the
Power to Appoint Receiver.
ADDRESS BY JUDGE CALDWELL.
Northern Pacific shin9le Tari6-New
Trsnscontinental Passenger eched-
uie-Ecceiyer smiths Visit.

The critics In the Eastern papers who
have been assailins the grounds on which
the recent decision OF Judge Gilbert and
Judge Hanford In the Northern Pacific re-
celyership case was based may nov have
some pleasure In reading what Judge
Henry C. Caldwell says on the subject.
Judge Caldwell, who presides In the
United States circuit court Of the Eighth
judicial circuit. was requested by the
GreenIeaf Law Club. of ST. Louis. to ad-
dress that body on the subject OF Rail
road Receiyerships In the Federal Courts "
In compliance with the request he de-
liyered an address February %, 1895 which
has just been published. and which con-
sfitutes an able presentation OF the rules
of law and practice obtaining In receiver
ship cases. IL will be noticed that While
the address had not been published al the
time OF the decision. yet the delivery OF
the former preceded the latter by tao
weeks.
At the very outset Of his address Judge
Caldwell Laws down a principle upon which
the decision OF the court here rests Is a
basis. He says:
..The appointment of a receiver Of a
railroad In gsit to foreclose mot
gage on the road Is not matter OF right.
but rests In the sound judicial discretion
Of the court This saIutary rule
only prevents the appointment OF re-
ceiyer for a railroad when none ought to
be appointed, but, as We shall see. II puts
Il in the power Of tae court 10 attach ar-
propriate equitable conditions to the ap-
pointment when one Is made
But the most pertinent portion OF the ad-
dress and that which Will interest all who
have had under review the decision OF the
court here, In that which treats OF ancil-
L. for IA al
while Judge Caldwell does not believe in
the ACCESSIBILITY OF separate receivers for
the various judicial districts through
which a road may run, yet he comedies 10
each court the distinct right to appoint a
receiver for the portion of the road within
fits jurisdiction
Under our presen; Federal judicial sys-
tenn" says Judge Caldwell. "a circuit
court OF the United States cannot exer-
else Jurisdiction over persons or property
beyond the boundaries of the district in
and FOR which the court is held. A circuit,
court OF the United States appointing a
receiver for a railroad cannot, therefore
enforce its orders or protect its receiver In
the possession OF the property or punish
those who disturb that possession. outside
OF Its territorial jurisdiction.
'Many of she railroads of the country
run through two or more states. When a
closed the court in which the bill is first
fled for that purpose Is called the
court OF primary jurisdiction. The
court OF primary Jurisdiction having
acquired jurisdiction over the railroad
company by voluntary appearance or
by due personal service of process on the
company In the district may appoint a
receiver for the whole line and compel the
company to transfer the possession OF tho
property 70 the receiver SO appointed. But
the court IL powerless to protect the re-
ceiyer IN his possession OF the property in
other districts or to compel obedience TO
It's orders by persons iH other districts
over whom II has acquired no jurisdiction
The circuit court OF every district through
which the road runs has the same legal
right 20 appoint receiver for the portion
OF the road within It's jurisdiction that the
court of primary jurisdiction had to ap-
point receiver for the part OF the road
within Its Jurisdiction"