Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1882-02-08
NILES CITY TROUBLES.
The Failure Of Ninipger Z Co., and Its s,
Quel.

The Failure Of Ninipger 4 Co., and Its Sc
qusl
Miles City, NJ. T., Feb. 2-An attempt
Of Alexander Harding, the ex.assignee
of A. r. Nininger & Co., to elude the
officers of the law by fight, was frustra.
ted here tonight. Harding and his at
torney, j. w. Streville, had engaged
special to take them to Bismarck, but
upon learning the state of affairs Col.
Bausenwin countermanded the order,
leaving Harding and his attorney in the
hands Of the enemy.
+ On the End inst. Charles w. Savage,
junior member of the firm of A. r. Min
niger & Co.. revoked the assignment
made by him to Alex Harding, took fore
ible possession of the property of the |
firm not sold under attachment or re.
plevined and is continuing business.
The public sentiment of local business |
men unreservedly approves his course
as the wisest and best for the interest of
all creditors. His action will not preju-
dice the rights of creditors who
have instituted legal proceed
ings while it will promote the
interests of those who are sued. In an
interview with Mr.. Savage he stated that
his course was imperatively requested by
his busine ss interests in behalf of his
creditors, and the distrust he and they
entertained Of the conduct and capacity
of the assignee, and further that none Of
the creditors had accepted assignment,
on account of which all parties we're
trammeled and the progress of justice
| obstructed and embarrassed. He main
tained that his account of the assign
ment was unnecessary; that had il not
i l$srl ~enSn En-
not have been made. He felt confident
that he could do more and better for the
creditors than any assignee it would
be practicable to obtain. A demand
was made upon Harding
for the keys of the Office desks and the
combination of the safe, which we're re-
fused. The safe and drawers were at
orce opened by locksmith and the con-
tents inventoried. The books showed
that at the time of the assignment Saw
age turned over to Harding something
in excess of $1,000 cash; that since he
} had charged himself, not daily but at
, intervals, with about $4,000 more, ag-
} gregating about $21,500. No part OF
, these was found in the safe or drawers
except about $500. Nobody knows ex.
/ cept Harding where it has gone. Il
I certainly has not been applied
/. to any dividend, and no credi
J. tor here has had q dollar of it Upor
b discovering the condition of affairs, grea
8 surprise was felt by all parties, and ru
g mors and accusations are circulating, an,
find ready acceptance that Harding ha
); misappropriated the funds. Great dis
i trust is felt here as to his character an,
: capacity, as his course excited bitter en-
: nifty. A number of the debtors ar
!. ranchemen and hunters, and no persol
q could have selected an assignee NOR
y disqualified for collection of account
= against them than he. They will pa
a Savage but not Harding. and Hardin
n would not permit Savag
;s to exercise any authorit
or discretion in the matter of settlin
the business. Mr.. Hardin
s undertook to-day to recover possession
!. - the property by proceeding in replevi
e but thus far he has failed to secure an
y sureties. twill undoubtedly prove f,
70 tile attempt. One great objection raise
,S ,HS to him in this connection, not less tha
VI his relation to his creditors, is. that
D. was not required to give bond. but vi
Q. executing his trust without responsible
se ty to any one. Financially he is irr
e. sponsible. Savage assured Harding tn
M ne he was acting for the benefit Of oil pa
!s. ties; that he did not desire to make
* dollar for himself. and that he was dett
~ mined that the creditors should be pa
ot in full If be had to devote the balance
of his life to achieve it.