Wichita eagle., 1888-10-07

aC d. III. ~. SoU IHcneS. dI u. H. ~. In
inches, at D. m. 30. i49.
Mean relative humidity $50 per cent.
FRED L. JOHNSON, Observer
WAR DEPARTMENT, WASHINGTON, d. c..
Oct 6.-The indications for twenty-fou
hours, commencing Sunday, October
z, at a. M. are as follows:
For Missouri and Kansas: Fair weather
variable winds.
M. K. & T. RECEIVERS APPOINTED.
LEAvENwoRTH. Oct. Oh. c. Cross, Of
Emporia, Kan, and Geo. A. Eddy, o.
Leavenworth, today were appointed re
ceivers of the Missouri, Kansas & Texas
railway by Judge Brewer, of the United
States district court The appointments
are regarded with a great deal Of satisfac-
tion by people of this city, where Mr.
Eddy in particular is well known. Mr..
Eddy has been a resident of Leavenworth
over thirty years, and besides being owner
of leading wholesale drug house, has
occupied many positions of trust and
honor. He was elected county treasurer
of Leavenworth county at time of great
financial embarrassment and in the man
Rgement of the affairs of that office gave
entire satisfaction to the business interests
Of the county. FL. G.. Cross has been a
resident of Kansas over twenty years and
for seventeen years has been president OF
the First National bank of Emporia.
For the past fifteen years he has been
q director of the Missouri, Kansas &
Texas railway and has had further
experience as the president and superin-
tendent of construction of 125 miles of
railway work. Both appointees are thor
nnnh nj QnH "a hIa we'll n13Il-
fed to fill the positions to which they have
been called. They are men of unquestion-
I'd integrity, in whom the stockholders
may have perfect confidence. They will
manage the affairs Of the road to make 1T
pay if such thing is possible, mindful at
Inc same time of the interests of the
patrons of the road. Following is the Or
der of the court appointing Geo. A. Eddy
and II. G. Cross receivers of the Missouri,
Kansas & Texas railway:
The Mercantile Trust company, trustee,
complainant, VS. the Missouri, Kansas q
Texas Railway company and the Missouri,
Pacific Railway company, defendants.
In this case an order was duly made on
the 9th day of June, 1883, that the COM
plainant's application be sustained and
that the further hearing Of such applica-
ton stand over until the end Gay of July,
1888, and that the rights of all parties be
then heard on the merits of said applica-
ton as will more fully appear by reference
to said order, and and the End day of July,
1883, under stipulation of the parties, the
court ordered that the further hearing of
the application for the appointment of
receiver in said cause shall stand
over until such date as should
be fixed by written notice as par
ticularly specified in such order, and
pursuant thereto, notice has been given
fixing this. the 25th day of September,
1883, for such hearing. Now, on this 25th
day of September, 1888, comes the Mercan-
by Alexander T. Green as its solicitor and
Thos. III. Hubbard, John J. McCook and
Nelson Cromwell, its counsel, and also
the defendants, the Missouri, Kansas &
Texas Railway company, by Simon Sterne,
James O. Broadhead and l.. Il. Wheat, its
counsel; the Missouri Pacific Railway
company, by B. p. Waggenor, its solicitor,
and Alexander g. Cochran of counsel,
and thereupon came on tor hearing upon
The bill of complaint, the answer, exhibits
and affidavits, to the said application of
The said Mercantile Trust company for the
appointment of receiver, which applica-
lion is not resisted by the Missouri Pacific
Railway company, but is resisted by the
Missouri, Kansas & Texas Railroad COM
pany and the same having been argued by
counsel and considered by the court it is
that George Eddy and Harrison c. Cross
be, and they are hereby appointed, re-
eeivers of the property OF the Missouri,
Kansas & Texas Railway company. COW
cred by the mortgages made by the said
company. which are sought to be fore
closed in the bill of the Mercantile Trust
company, complainant, with the following
bowers and instructions, to-wit:
First-Said receivers are hereby directed
10 take on the lst day of November, 1855,
possession of all said mortgaged
property and TO operate and cause to be
operated the said railroads mortgaged as
aforesaid. as herein provided, and to pre-
serve and protect all of the said mortgaged
property, acting in all things under the
prder of this court or of such other courts
as may entertain jurisdiction of parts of
the said mortgaged property as auxiliary
10 the jurisdiction of this court.
Second-The said receivers shall, until
otherwise ordered, pay all rentals accrued
Or which may hereafter accrue upon leased
lines of the Missouri, Kansas & Texas
railway and for use of all terminals and
stallments as may fall due from said
company for the use of any portion
of the road or roads or term
iral facilities of any other company
or companies, and also all sums of money
due or 10 become due for rolling stock, or
Tor steel, iron or Ties, or OJner materials
for the maintenance of way or construc-
tion, sold or contracted 10 be sold to or for
the benefit of the Missouri, Kansas &
Texas railway, aud it appearing 10 the
court that the Missouri. Kansas s.
Texas Railway company has commenced
to promote construction of a branch rail
road from Dallas, in the state of Texas. to
or towards Waco, in the same state, and
has expended very considerable sum of
money thereon, and that the company
constructing said road is under
statutory obligation to com
plete and equip at least ten
miles of the same pryor to the Goth day of
December, lSSS, and upon such completion
the said Missouri, Kansas s. Texas Rail-
way company will be entitled to certain
stocks and bonds and upon failure to so
complete will forfeit all of the corporate
franchises and rights belonging To said
branch railroad, wherefore the receivers
were authorized if in their judgment it
shall be to the best interests of all parties
concerned to build and equip said ten
miles of road and in all respects to comply
with staturary requirements OF the state
of Texas in relation thereto.
Third-And the said receivers are also
authorized to defend any actions pending
or which may be brought seeking to es-
tablish claims. liens or demands against
the said company or It's property,
to prosecute or TO continue any action al
ready brought against any corporation or
Co. h. IS ~