The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-02-13
Receiver A. c. Frost Wants to Get
Into Federal Court.
DOESN'T LIKE SUPREME COURT.
He Wants That Court to Release IT'S Juris.
diction in the Railroad Case; and
Pass the Matter over to the
Federal Court.

A dispatch from Madison Fri
day says that a new twist has
been given at the tangle of litiga-
ton in which the Washburn, Bay
field & Western railroad has be-
come involved between the feder-
al and state courts, and late that
afternoon Receiver A. G. Frost
filed petition with the state SUI
preme court asking to have the
suit, which has been begun
against him there by Attorney
general Hicks, in the name Of the
state, transferred to the United
States circuit court, claiming
that the latter court has full and
complete jurisdiction of the mat
ter, and setting up number of
federal questions involved in the
suit
The petition does not touch
upon the ground on which the
state Supreme court issued it's
prerogative writ assuming
original jurisdiction of the case,
that the sovereignty of the state
over it's public highways is in
volved. Itsets up the proceed
ings which have been had in the
federal court, and the order of
October II last, directing the re-
ceiver to tear up the road, which
order, the petition states, "has
never been vacated or modified,
and is now in full force and effect;
that no appeal or proceedings in
error have been taken by any
par ty to reverse said order and
decree, and your petitioner was
and is bound to fully obey the
same" 1t is this order which
the state Supreme court has by
alternative writ of mandamus en-
joined Receiver Frost from carry
ing out, pending a hearing of the
case before it.
In summing up the grounds
for asking the state Supreme
court to take no further action in
the case, the petition sets up
that when the bill of foreclosure
of the railroad was filed "the cir
cult court of the United States
possessed and assumed jurisdic-
ton over said cause and took
physical possession and control
of all of the property involved in
said proceedings through recei-
vers duly appointed by said
court, and from the institution of
said suit of foreclosure until the
present time the said circuit
court of the United States in and
for the Western district of Wis
consin has continued to possess
and exercise full and complete
jurisdiction over said cause and
maintain possession and control
of all of the property involved in
said suit of foreclosure and af-
fected by the present suit in this
court; that said Jurisdiction Of
the circuit court of the United
States was acquired and exer-
cised long before the institution
of this suit; and that under and
by virtue Of it's said Jurisdiction
and it's physical possession and
control of all of the property af-
fected by this suit, the said cir
cult court Of the United States
has complete jurisdiction of the
subject matter Of this cause, and
if fully competent to hear and
determine all the controversies
herein, and to grant such relief
as the plaintiff herein, If to any
relief it is in law or equity en-
titled, and said jurisdiction of the
said circuit court of the United
States, having SO attached and
being now in full vigor, is exclu-