The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-05-29

next, These hubpmnas were Issued 10
creditors 10 show cause why the mort
gage for the first bonds issued to Hen
derson, who hypothecated them TO the
Rolling Mil for Iron, should not be
foreoloaed. The subpmnas cite every
ono who has claims against the road,
TO give preference to this mortgage,
10 N not known what II aet forth In
the affidavit upon which the pppoint-
ment Of the receiver was made, there
fore Dr. Reed telegraphed TO Tyler last
night for u copy OF the whole bill 10 be
made aud sent here Immediately,
when some rich developments are ex'
pected,
DR.. Calder was called upon at the
IeGrand hotel early last night and
after some reluctance answered the
question OF what no knew about the
matter by saying that "lra Harris, OF
Rosedale, Kansas, had been appointed
receiver OF the road by Judge Woods
OF the United States circuit court, ait
ting at Atlanta, Georgia, on the Gath
OF this month. About hali.past three
O'Clock deputy United States Marshal
Anderson arrived from Tyler, and
shortly afterwards served subpoena
upon DR.. Reed OF the road and others
TO appear ut Tyler on or before the first
day Of July. The receiver Is ordered
by the court to complete the road to
the twenty-mile point In time to save
tho charter from FORGETTING. All the
traina will be run under my direction
as general manager. Our intention ~
not only to carry IL to the twenty.mile
point but to Lewisville. The point in
having u receiver appointed was to
save the charter. Mr.. Harris is man.
ager and treasurer Of tho Kansas Roll.
Ing Mill company, Of Rosedale, Kan.
sas, but Ia acting now merely as re-
ceiver. He gave bond in the sum OF
twenty-five thousand dollars. The
bond was made In Ohio"
DIR. Reed, when called upon, said
he was very much surprised that re-
ceiver of tho road had been appointed,
Rnd,lhat he could not understand what
there was here for the receiver to re-
oeve. The trains, he said, would con-
tinue to run under his direction unless
interfered with by some superior au-
thority to our circuit court. He did
not feel the least concerned as to the
result Of the matter. He had already
had considerable experience In ths
line and did not feel annoyed by this
new flank movement OF the enemy.
He thinks he has IN many and as
strong rights as the Rolling Mill, and
intends to maintain them. He had
bought and paid for iron, and com.
menced on Monday morning In dead
earnest to complete the road to the
sand ridge, the point designated by
the council, and by the time set by
them. Already the bridges are ready
for ties He returned from the front
late yesterday evening, and found the
ties nearly all laid across the grade to
the sand ridge and nearly ready for the
iron. He regards the Calder scheme
AZ bulldozing movement to break
him down in his rights.
The purpose of the rolling mill COM
pany has now developed itself to be to
foreclose the mortgage upon the rail.
road, sell it with all its property and
franchises, and so prize out every
stakeholder and every interest except
its own. The city stock as well as the
stock OF all Others goes by the board,
and the Kansas Rolling Mill gobbles
up the whole. The appointment of u
receiver was peculiarly unfortunate at
this time. The railroad company has
no locomotives and no rolling stock,
nothing tangible for receiver to take
care OF, and nothing with which he
can operate in building the road, and
II he had it would take him some
time to arrange for the work of con.
structon, while on the other hand
DR.. Reed ia actually engaged In the
building Of the road, and would If he
had not been interfeared with, and |
will 1t is believed still If not iHterferred |
with, have had the track laid to the
Sand Ridge as Indicated in the
resolution Of the city council by the
18th of June. Had these facts, as they
are been known to the court who made
the order for receiver when 1t was
made, 1t is not believed that any such
order would have been made. It Is
incrediable that II 1t had been known
to Judge Woods that the time was so
short for building the road to the twen-
ty mile point to save the charter, he
would not have interfered with Its rapid
and certain and cheap construction, as
he has done by this appointment Of
receiver. Indeed 1t would not be sur
prising II the very ground upon which
this extraordinary appointment Of a
receiver was made, as set forth In the
bill of complaint, is an unfounded and
false statement that 1t was necessary
In appoiut N raaaivar In nrdar IN 90.