The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-07-31
RECEIVERS
NOT NAMED |
Judge Mullen Will Consider the
Matter Until Tomorrow
S5 Afternoon.
HAYWOOD WAS REJECTED !, t &
Judge Agrees to Consider Mr..
Elliott and Asks Other
Names.

Late last night Judge Muller. sitting.
in Petersburg decided not to name re-
ceivers for the Virginia Passenger and
Power Company until tomorrow.
Counsel argued the matter before him
md the natne OF Mr.. James Il. Haywood
was suggested by counsel for the plain
tiff, but refused by the Judge because OF
close friendship with the plaintiffs. Mr.
George B. Elliott. OF Richmond, was sug-y
gested and considered by the court Coun-
sci for tho defendants made no sugges-
tons. JudgA Mullen asked that several
names be offered and took the matter
under advisement until tomorrow after
room. ,a a;
In oil human probability there will be
no physical clash between the receivers
appointed by the United States Circuit
Court and those to be named under an
order of Corporation Court OF Petersburg
yesterday. THIS statement was made
yesterday by Captain a, 3. Guigon. Of
counsel for the Virginia Passenger and
Power Company. 1t was acquiesced In
by aessrs. Henry T. Wickham and VIII
liam Northrop, the receivers named by
Judge WaddIli, Of the Federal Circuit
Court. Further than this. the receivers
begged to be excused from any express
sion. deeming It irnproper 70 discuss the
natter, s3353 * Ss
The action OF Judge Mullen, OF the
Corporation Court OF Petersburg. yester-
day In entering an order and decree ap-s
pointing receivers to take charge OF tho
properties OF the Virginia Passenger and
Power Company and operate them was
an "a bsorbing topic OF discu ssion among
lawyers and finan ciers y sterd ay. There
was great interest In the situation. and
the developments OF the future are
awaited with impa thence by the persons
affected and by the general public
That there will be- a complic cation and
n8theoretical clash between the State and
i eoerai Courts growing out Of q the res
ordered by J ge Mullen for
the Virginia Passenger and Power Com
rally and the prior order OF Judge Wad-s
dsIl,in United State Circuit Court naming
receivers for the Virginia Passenge ger and
Power Company. the Richmond Passen--55
ger and Power Company and the Rich
mond Traction Company, Is generally
conceded. No one anticipates that there
will be any unseemly conflict between
tho two tribunals or their officers Or
agents In the event the State Court
named 4 the same receivers. the situation
pculd be an anomalous one, nevertheless.
The receivers ca mot serve two n masters,
That Is plain,
T ols Prompt Action.
The prompt action OF the defendants
insthe Petersburg eding In entering
an appeal to the Supreme Court of "a n
DC ais OF Virginia and the practical Ger
talnty} that such appeal will be allowed zee
will serve to defer any actua! ella sh for li,
months, If there be any at: oil In pros
pect with the a ppeal was q request
for Il suspension O. the order OF ] udge3
Mullen for ninety days. rs
Interest is intense ana speculation gem
eral as to the result of a con lict OF the
State and Federal courts. but few law wv
yers Will commit themselves to the ex 81
preston OF an opinion at this age,s eth
the procedure so uncertain. It is con-
coded that the defendants, the Virginia
Passenger and Power Company and
others. will appeal from Judge Mulien's
decision TO the Supreme Court OF "a n
peals OF Virginia: and in the event that
the lower court be sustained there. the
appeal will then be- had to the Supreme
Court OF the United States, the tribunal
OF last resort. Judge Waddill. in the
Limited STATES ACITSultR 1'ufs GU $500
decided. after careful consid eration Of
the facts IN the case. that the United
States has iurlsdiction, and he accord
Iinglys acted on the petit Similar
clashes between the State and Federal
courts have occurred In other cases, and
when the United States Supreme Court
has decided the contention that Il decision
has always been accepted.
Might be Contempt.
The receivers named by Judge Waddill
are officers of the United States Circuit
Court. and as such are now In actual
physIcal possession Of the property, iGhts
and franchises OF the company. Further,
more, any and all persons have been en-
Joined by the Federal court from IN any
way interfering with them in the dis
charge OF the duties entrusted to them
by the court. The violation OF that#in-
Junction by the sergeant or sheriff Or
other officer OF the State court would In
all probability, be regarded as contempt
OF court, and would pc punishable by the
court in the discretion Of the jud sc. II
Is not anticipated. however that there
viii be such conflict Of authority between
the two courts, II there wore, however,
the persons fadjudged guilty Of contempt
and committed for such offense, would
have the right Of habeas corpus. and
might thereby bring the question Of prior
and superior Jurisdiction to the test Inns
,medately by suing out such a writ and
making 1T returnable before the Supreme
Court Of the United States as soon as prac-
,ticable, u a 3 q s3s @
The appointment OF receivers, one set
OF whom is named for several co-ordi-
mated properties, and the other for a. OF
such properties, would inevitably greatly
iconplicate the situation, and IN the opin-
ion Of those familiar with the situation,
bring about a complete disintegration Of
the consolidated or co-ord nated proper.
ties. to the detrlment OF the omplainants
in both suits and of every other person
interested in any OF the companies or
their securities. At least, that Is the
opinion Of sound lawyers, and Of men
familiar with the relations OF the consol-
dated street railway properties 70 sep,
arate the properties, as Jndge N ullen,s
order would operate to do. would ulti-
mately result in a further sepnrat ton and