The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-05-05
Tacoma Bureau of the Post-rntelligencer
I123 Pacific Avenue.


TACOMA May 4-The venerable SAYING
that a corporation never dies was illus
trated today by the fling of somewhat
mysterious suit in the United States court,
in which James McCrae appears as plant
III and the Northern Pacific Railroad Com
pany is the defendant. Mr.. McCrae says
IN the bill of complaint that he is a resi-
dent OF the state Of Pennsylvania. and
that the Northern Pacific Railroad Com
pany is corporation organized under the
laws OF the United States and authorized
by an act OF congress to construct a line
of railroad from Lake Superior to Puget
sound.
Following these formalities comes the
recital of the fact that James B. Mont
gomery. of Portland. secured Judgment
against the railroad company for $ts 40s Is
November j. 1896. which judgment has be-
come the property of the plaintiff. II is
alleged that no part of the Judgment has
been satisfied. Finally. there appears an
affidavit at the end of the bill. signed by
Montgomery. stating that he is the au-
fhoriZed agent of McCrae and has been
empowered to bring the suit and collect
the Judgment. Gen. James NJ. Ashton, for
merry Western counsel of the Northern
Pacific, appears as attorney for the
plaintiff.
In the reading OF the complaint, which
is couched in the dryest kind of legal
terms. there appears nothing on the face
to indicate any proceedings of extraordi-
nary significance. But the Post-fntea.-
gencer correspondent had huneh.'' so to
speak, that there was something back Of
the suit-in brief. an attempt to rehabili-
tate the old Northern Pacific Railroad
Company and bring Ii back out of the cat
acornbs of receiverships through which IL
has passed and place il again in the land
of the living.
Armed with a suggestion from party
who is in no wise connected with the case,
the correspondent paid visit to Gen.
Ashton's Office. Gen. Ashton was retieent
when asked as to the objects of the suit.
stating that the complaint spoke for itself.
He finally admitted that McCrae. the
plaintiff, is president of the Pennsylvania
company. which controls all lines of the
Pennsylvania system of railroads west of
Pittsburg. Mr.. McCrae is relative of
Mr.. Montgomery, and has requested the
latter to prosecute the suit with vigor.
This was about all that Gen. Ashton
would say regarding the matter.
From a source entirely reliable. enough
was learned about the case. however, 10
Justify the prediction that the affairs of
the Northern Pacific Railroad Company
will again be brought into prominence and
action taken which may lead to the APP
poiutment of a new set of receivers. The
Northern Pacific Railroad Company left
In the way of property for a receiver to
take?
The popular supposition that the affairs
of the old company have been wound up
and its corporate life ended is according
TO good authorities, unfounded. In the
first place, the Northern Pacific Railway
Company Is now operating a system of
railroads which it acquired under fore
closure proceedings from the Northern
Pacific Railroad Company. which received
charter and grant of lands from con-
gress. 1t Is asserted that the transfer of
these rights TO the new company has
never been authorized by congress. al
though efforts are being made at present
TO bring this about. 1t can easily be
imagined that If, through new suit such
as that filed today, interested parties are
enabled to secure the appointment Of
new receivers for the old company, these
receivers can take such a stand In the
courts as may cause the railway company
no little amount of difficulty in securing
an act Of congress confirming TO 1t all the
right formerly granted TO the railroad
company.
Mr.. McCrae. Il Is understood here. is
high In the councils of the vanderbilts,
and the suggestion has been advanced
that since President James ]. Hill. of the
Great Northern, launched his scheme TO
control the Northern Pacific. the Wander
bits have come to the conclusion that
they might be affected by such "harrno-
NOUS management as is spoken of In the
newspapers. The theory has also been ad-
vanced that the Vanderbilt interests arc
aware of the step which has been taken
by Mr.. McCrae.
Mr. Montgomery's judgment was OBJ
tanned against the Northern Pacific
through deal made by him in which he
inquired as the purchaser of land in the
grant overlapping in Clarke county Wash
Inc courts have held against the COM
pahy title 10 large part of this land.
The decision affected the land purchased
py Mr. Montgomery. who made his pay
ments in bonds of the old company. Title
having faiied. Mr.. Montgomery brought
company.