Railroads -- United States; Railroads -- United States -- Finance
The result was the prompt resignation of the receivers, who in a letter
to Judge Jenkins made their feelings clear. “Your receivers manifestly
cannot administer the trust,” said they, “with justice to the parties
interested, or themselves, if subject to the orders and instructions
as to the general administration from two or more independent
tribunals. We cannot abide, nor can we ask our sureties to abide, the
danger of the differences of opinion between courts, each assuming
to be controlling as to the expenditures of the receivership in the
general administration, in view of the immensity of the interests
involved.... Unless your receivers recognize, as they understand it,
that that honorable court [the Seattle court] is the court of primary
jurisdiction they will of necessity be in contumacy.... Your receivers
are not willing under any circumstances to file an additional bond
in such jurisdiction, nor are they willing to put themselves in a
position to endanger their right to challenge the jurisdiction of that
honorable court.”[624] Judge Jenkins accepted the resignations and
appointed Messrs. McHenry, chief engineer of the Northern Pacific, and
Bigelow, a Milwaukee banker, receivers.[625] The hitherto respected
principle of comity had, however, lost all force. On September 30
Judge Sanborn at St. Paul confirmed Judge Jenkins’s appointments for
the states of Minnesota and North Dakota; on October 1 Judge Hanford
at Tacoma refused to accept the resignation of the old receivers,
but removed them and appointed Andrew F. Burleigh for the district
of Washington; on October 2 Judge Billinger concurred in Burleigh’s
appointment for Oregon; on October 7 Judge Knowles at Helena, Montana,
confirmed the above for the districts of Washington and Oregon, and
appointed Captain J. H. Mills and E. L. Bonner for the district of
Montana; and in the week ending October 26 Judge Beatty appointed
Burleigh receiver for Idaho. The only conservative action was that of
Judge Lacombe in New York, who deferred his appointments as often as
the matter came before him, in the hope that the Western judges would
come to an agreement.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account