, 1874-01-03
MIN Gilman, Clinton & Springfield
49, Railroad Controversy.
,n8oe riptcn Refuses the Application
'' for Discharge Of Receiver
Hinckiey.
Mn Character Of the Board Not Altered
@ By the Change in the
Directory.


sntcial D;Spztch to TIE Chicago Tribune.
n,o,,nso1oS, H., Jan. 2.-To-day the Gil
Clinton E Springfield Railroad case as
I'D another shape, L motion being made be-
~ Indee Upton, In Bloomington. by o1-Goy.
n.,rrar m behalf of the road, to discharge Re-
-.;rpr F. C. HincLley, who is now running the
ss.a and turn everything over to the Directors.
sar ps1ner's motion waB based upon the re-
so,t change in the Board Of Directors, by WHICH
-1,s.u. Melvin. Black. and Williams went out Of
,ba Board By resigning their positions, and the
o1aciou in their stead of r. J. Carter and B. F.
cnr Of Springfield, and II. Maei!l, OF
'y;ntou, which occurred on Wednesday,
mr.. 81. The argument in support Of the
,,n1icat;on mas that the offending Directors hay
;nr pone out Of the Board, and their places being
rGx occupied oy me- i'll every way unobjcctlon-
shle the Judge should rcturn tho property to its
oxners 1t was urged that the Directors could
n.nare the road to much better advantage than
= pareiycr. and could make it more highly re-
,rnneratiye to the stockholders, that the III
e,me Of the road was diminishing under the
Management of the Receiver; aud tha: it would
H. nsnifestly unfair to keep tho owners of tho
-n,d out Of possession of the property, when
tiey had done everything thoy could to purge
tIe Directory Of men who were obnoxious to the
cent, Cor. Palmer stated that he did not OBJ
ID to ur. Hiuckley. the Receiver, personally,
trt to nny Receiver holding the road after The
recent clange in the Board Of Directors.
III. T. Crawford, counsel for the Receiver,
resisted tue motion, first, the ground thatthe
jnice could not. in vacation chambers, cancel an
u1er made by the Mclean County Circuit Court
in .erua time. when the caso had been continued
mil the next term. To grant the application
1oah simply be to annul IN order Of Court
made in term time. not the substituting OF one
R.,eiyer for another. but the absolute rcsc'nd-
mr. Of the whole action OF the Court. If, however,
h.s Honor should be Of opinion that he possess-
ID power to grant the relief that was asked for,
thsa the Receiver wanted time to properly
snsver the application. Notice had been
given him only tue day before, and he was entl-
t1e, TO time before being dispossessed Of such
ya,a.ble property. II the case proceeded to that
poat, ne should be prepared to show several
tr..:ss that would yiudicate the necessity Of
keeping the road under Mr, Hiuckley's manage
ueit.
Judge Upton, after examining the authorities,
.a1.e TO the conclusion that he had NOT power,
lttng out Of term time: to discharge the IT,
ee.ve7 He also said that the change IN the
Board Of Directors did not alter the character Of
the Board, for the reason that the Morgan In
pro7ement Company etil have power, by hold
iug. tie majority OF the apparent stock, to elect
such Directors as they choose, and as the
eto.k held by that Company is the very
pooa OF contention, it being alleged that their
stock WAS frauduient1y issued, he could not
ntsune that the new Directors represented any
different interest from cid ones. It was not q
2ues ton of tho personal purity Of the new Di-
rectarr. twas question who held tho bona
f4e stock Of the road. and as that question WAS
still to be determined. le could not anticipate it
By returnlpg the ROAD to the possession Of men
who we're under the control Of the very stock
tha. hss been the main subject Of controversy.
He therefore declined to grant application. SO
tie osd will remain as it is, i'll Hirckleys hands,
Ut least for tile present.