The Leavenworth weekly times., 1878-10-24

! nave uteU ju-t 70 flIn LJr the OUlrt 10 rt
move hin, spoItte- Nor DO think, 10
reA-ons which / shall present.. suggest, rha
| ii Mr.. Wizard was 10 be removed and Mr.
Greeley remain, that any one should hav,
been appoID Ell In place Of the former.
| Mr. GreeIey having with much consider
alton expressed to The Judges his willing
DIES, 10 xiv. up his r.c.iver-hip, if his re
tanning 1t would .mbarrass their action, w
are happily relieved Of thai difficulty
am of opinion that both Receivers
should be removed and a single receiver sp.
pointed for tn following rensons:
/. The existence Of two Receivers is un.
Necessary and embarrassing, even if they
we're on amicable terms and had but q
single place OF business, at or near the
theater uf tae roads operation. They are
obviously unnecessary regards the sue
c.ssful operation OF this II al, which as.
| sume to tie the principal II not the only
purpoee ;or which a court should appoint
Receivers. If they should chance 10 dis
agree about tine mansg, IpcL; Of the road,
or the exercise of my fuIcllOn OF their Of
tce, hey have done In tEls case, the
iii ItficuIIy Of their suCce sui or proper dis
charge ol their duties o,cum.s manifest.
When, il addition TO Tins want Of har-
moUv, they established Ipsrate places of
JIsIu,as a Thousand IrIi,s apart, and neith-
er Of them within tWo bundled miles of the
road, whose operations thcy are TO control,
1t is apparent HitbUu; arg.m mt that the
hand oI the Court which M: are, must be,
if mol parsiyzed, rendered sery inefficient
and uncertain iii Its grasp and control Of
the business of the Company
=. There is no necessity aud a manifest
impropriery in having Receiver located in
New York. i. is true many such western
corporations as this have Offices in New
York, at which much Of the financial busi-
ness of the companies is transacted But
this has always been felt TO be a grievance
by the People uf the West whose business
The road does, and by which alone il can
lISe, aud when such a company comes IN
the consrul Of a Court by r,.-Jn Of its in
UIveDcy AMI i;-ce:vef Is appointed 10
take cnarc- uf il, I'll n rulirp. as the Court
car ,1eTcIss ovci the Tp.r as Of the road
and Ia COLI cfiI. AID Gi>uGrsing lis re,eIpt-
Col BE- IN 81 szi ~ and is-iy exercised and
uIors stTIclis unIer the s,e oI The C,sGII,
by an utfLs I,as.48n,I T'tnIn IT. lTrlsGlc ion.
1 ,hiab, a. r,fv:-, ca geu=rs,i principles,
ana oH ,ne I4ct> Of this case, I..ere Wa un
1ec.rs. - i,r Receiver IN tine cay of New
I.Tk.
5. an Of opinion that the receiver
ship 20 New trrk should be abolished In
lite iG,er. :. Vi e-uugmy. tts ezl suzes are
nnn-c,s-ary, srrG, as administered by Mr..
Willard, -Aves-ive. NC Tess,5I csp be pr
crIv.d for tie employment of three firms Of
,Hyers, eroh EItu Cvm:yUs,d OF several
-r"bers, fur any bu-,n.ss properly per-
taI 'IIg 10 10. reveIsersbi!, anu It- .Xpend
IIure VI ci2,G0o in that ONO inside Uf ,wU
YEAR, seems 20 me to be uuSarranrd :.
any requ,remeut- ci a Receiver uuiies.
1. Tue Ia ain a-suGIeft -sinst any &C
;ior b. this tJurt IL that hic Greeiev and
Mr.. Wizard were appoi"... hy AZ gee
nIsnt bviS.en the PARTIES l,:cTy-iei All al
their inetznce, because rnsy represented |
certain Glasses If lien creditors Of The COM |
pany, aud that 10 remove Mr. Willard |
would he 10 sacrifice one OF those interests, |,
o- al lea,t 10 leave Ii uurepressnted.
here can be 70 GUuSt that such was he |
motive which led 10 the spruintul: 1T oil two |
Ia ceIvers i'l~gsac OF one, and there can be |
rs lIrile Gort' Ihr !, VS. mistake 10 have
Gone ih,s, Whatever the motive. Dut while |
u ,oart may y,sy prJi eriy conform its &C |
lion IN Suca n matter 10 the wishes of oil /
Ihe par las inter, Sled IN he ,u.t where |
their wishes harmonic, il Eust consider /
ior ltseii what Il proper 10 be done when i
that hsrmony Is turned into hostility, 81
that the two Receivers represent two hos
lille Camps, each intent upon securing the /
whole or the larger share of the syuils. Ii /
then becomes the duty of the Court TO see
that its powers are EXERCISE on principles
of strict neutrality rs regards the belliger-
ents, and this can only be dope in this case
BY removing the representatives Of these
hostile interests and appointing a Receiver
who in feeling and in ,Unduci will be strict
ly neutral and strictly honest.
The foundation of the agreement by
which Greeley and Willard y ere appointed
has gwen way, and the only possible ex-
cuse for appointing '~o Receivers is gone.
have only a word TO add.
In my view X ceiver is strictly and
solely the officer Of the Court. BY reason
of the inability or negl,c, of the officers Of
the corporation 10 conduct lie business as it
ought to be lone, the conduct of that bust
ness Is taken charge Of by the Court and
carried on by It's agent. Ii is the duty Of
that agent 20 to conduct this business az
that tGe lawful rights and legal interest Of
al persons in the property and in the busi-
ness shall be protected "a far as possible
with equal aod exact justice. This Is much
more likely TO be done oy Receiver Who
has no interest IN the capital stock of the
road, none in Its debts and no obligations
to those who have. Such a person acting
under the control of the Court, seeking its
advice a he would be inclined to do in all
questions of doubtful duty, and bound in
surety for the faithful perform
ance of his duty, is in my opinion the pro-
per one for such an Office. While it may
be true that large personal interest may
stimulate the activity and direct the vigi-
lance Of tie Receiver. il is equally
true that such vigilance whenever
c ,casion offers, will be directed un-
duly to advancing that personal
interest and that activity % securing per-
sonsl advantages.
For t es~ons ,hink that the Offices
Of the Two Receivers should be consolidated
into "ne, and that both the = - ur Receiv
trs -hou.d t. discharged I'D thar you.
living in the Sale, in winch the read
mainly lies snd ~h,ss i:s business opera
tons .re corduc.ed. ii You csn tind such
person ~ have above described, within
the Jurisdiction oi .-.e court, who also has
the requisite capacity and knowledge Of
the brsiGsss snd the hnrssiy and frames
to di-chsrs- his duly fsit1:un.r, free from
the Influence Of the hostile in;, rests ip the
case, should appcint him Receieer.
October 10, 1873, SAM. F. MILLER.
JUDGE FOSTERS OPINION.
In addition to what has already been said
BY Mr.. Justice Miller, l have but few
1oads to o6R.