Show KURLEIGH IS VLL RIGHT The Court Refuses to Remove Him as Receiver SEATTLE Washington March 4The judges today refused to remove Receiver Re-ceiver Burleigh of the Northern Pacific road There aro said to be sensational developments coming The court stated that Burleigh would continue to act a receiver for the Northern North-ern Pacific in this state Oregon Montana Mon-tana and Idaho He will continue to receive re-ceive 15000 a year Judge Gilbert wrote the decision He takes the position that decsion Justice Fields order while making Judge Jenkins court the court of primary pri-mary jurisdiction gave this court a right mar to do what was necessary to Drotect the creditors and other affairs of this circuit cir-cuit S The decision contains a keen thrust at the eastern people who have sneered at the authority of the court here and who i is alleged disobeyed Judge Hanfords command to appear in court The decision is received herewith here-with general gratification The decision de-cision quotes the order of the circuit Justice declaring the Wisconsin United States circuit court to be the court of primary administration and says But this court reserves the right at any time upon the application of any person or persons interested or upon its own motion to make such orders and decrees as it shall seem just for the protection of the creditors ot tie railroad company residing within its jurisdiction It is urged on behalf of the Farmers Loan Trust company that the discharge dis-charge of Burleigh by this court and the appointment of McHenry and Bige low in his stead are necessarily involved in-volved in ithe conclusion arrived at in said order of the circuit justice quoted above we do not so construe the terms or the purports of the order I declares de-clares that the court at Milwaukee is he court of primary administration I does not follow however that it is not implied in the order that the receivers I re-ceivers appointed by the court of primary administration shall be substituted sub-stituted in his place All the objects to be secured by the order may be obtained tamed by the retention of the present receiver In our judgment the proper management of this property requires hat i be in the hands of a receiver resident within this circuit and amenable amen-able to the orders of the court thereof In the order of the circuit justice to do what he power of this court o ever may be by the court deemed essential ential for the protection of the rights of creditors of the corporation residing within the district for which this court is held is expressly reserved and i is our opinion that it is necessary in order to secure to creditors the right to commence and prosecute actions against the receivers in the courts of this state or in this court to have for receiver a person who will under all conditions submit to the control of this court recognizing its power to appoint and approve We believe therefore that the present application cannot be granted without an absolute sacrifice on the part of the court ot the powers and prerogatives which belong to i and which are necessary for the protection ection of the rights of the people entitled tied to invoke its jurisdiction The rule of comity does not require of a court exercising ancillary jurisdiction any such abdication of its disoretion ary powers McHenry and Bigelow being nonresidents and almost constantly tantly absent creditors must to enforce en-force any demand against them seek another forum for if this court cannot can-not call the receivers to account for their conduct it will be without power to compel them to appear in the courts within this state in answer tony to-ny process In view of past experi nce we are not willing to appoint as receivers persons who will not recognize recog-nize the power of the court to control hem in the administration of the trust S The application of the complainant will therefore be denied |