The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-10-11

ordered that the further hearing of
the application for the appointment of
a receiver in said cause shall stand
over until such date as should be fixed
by written notice as particularly speci-
lied in such order, and pursuant thereto
notice has been duly given fixing this,
the 25th day OF September, 1888, for
such hearing.
Now on the 25th day of September,
1888, comes the mercantile trust com
pany. trustee, complainant, by Alex
ander & Green as its solicitors, and
Thomas II. Hubbard, John j. Nc
Cook and William Nelson Cromwell,
the Missouri, Kansas j. Texas railway
company, by Simon Sterne, James o.
Broadhead and L. b. Wheat, its coun-
sci; the Missouri Pacific company by
B. p. Waggoner, its solicitor,
and Alexander G. Cochran, of
counsel, and thereupon came on for
hearing upon the bill of complaint,
answer, exhibits and affidavit. The
said application of the said
Mercantile Trust company for the APP
pointment of q receiver which applica-
ton is not resisted by the Missouri
Pacific Railway company, but Is re-
sisted by the Missouri, Kansas and
Texas Railway company, and the same
having been argued by counsel and
considered by court, it is now hereby
ordered, adjudged and decreed, that
George A. Eddy and Harrison G. Cross
be and they are hereby appointed re-
ceivers of the property of the Missouri,
Kansas and Texas Railway company,
covered by the mortgages made by the
said company. which are sought to be
fOreclosed in the bill of the Mercantile
Trust company, complainant, with the
following powers and instructions to
wit:
First-Said receivers are hereby di-
rected to take on the first day of No
Vember, 1888, possession OF all the said
mOrtgaged property and to operate
and cause to g operated the said rail-
roads mortgaged as aforesaid, as here
in provided and to preserve and pro-
tect all of the said mortgaged property,
acting in all things under the order of
| this court or of such other courts as
may entertain jurisdiction OF this
court.
Second-The said receivers in like
manner shall, until otherwise ordered,
pay all rentals accrued, or which may
hereafter accrue apon leased lines of
the Missouri, Kansas & Texas railway,
and for use of all terminal and track
facilities anu all such rentals or INSTALL
ments as may fall due from said
company for the use of any portion of
| the road or roads or terminal facilities
of any other company or companies
! and also all sums of money due or to
become due for rolling stock or for
| steel, iron or ties, or other materials
| for the maintenance of way or con-
struction sold or contracted to be sold
/ to or for the benefit of the Missouri,
Kansas and Texas Railway company.
And it appearing to the court that the
| Missouri, Kansas and Texas Railway
/ company has commenced to promote
| construction of branch railroad from
| Dallas in the state of Texas to or to
wards Waco in said state and has
expended a very considerable sum
| of money thereon and the company
constructing said road is under stat
uary obligation to complete and equip
| at least ten miles of the same prior tC
the 18th day of December, 1888, and
/ upon such completion the said Mis-
| souri,, Kansas s. Texas Railway com
pany will be entitled to certain stocks
and bonds, and upon the failure to sc
complete will forfeit all of the corpOr.
ate franchise and rights belonging tC
said branch railroad; wherefore the re-
ceivers were authorized if in their judg
ment it shall be to the best interests o.
all parties concerned to build and equiv
said ten miles of said road and in al
respects to comply with the statuaTy
eQuirements of the state OF Texas IL
citation thereto.
Third-Ahd the said receivers are
also authorized to defend any actions
pending or which may be brought seek
ing to establish claims, liens or de
mands against the said company or it,
property, to prosecute or to continue
any action already brought against
any corporation or party for the recov
cry of any money or property due tt
the said Missouri, Kansas and Texas
Railway company.
Fourth-Said receivers shall also pay
out of any income or revenues which
may come into their hands all JUS
claims and accounts for labor supplies
professional services, salaries of Off
GERS and employees remaining unpaid
and that have been earned
| or have matured within three
months prior to the said first day o.
November. 1888.
Fifth-The matter of the payment O
the payment of balances due or to be
come due tonpther railroads or trans
portation companies growing out of ex
change Of traffic Is reserved for furthel
orders.
Sixth-The said receivers are further
ordered and directed to pay all take:
on said mOrtgaged property, as thu
same shall mature and also the current
expenses in the operation and MAIN
tenance of said road and to collect al
the revenue thereof.
Seventh-The said receivers are fur
Their ordered ond directed to keep OF
cause to be kept such accounts as ma'
be necessary to show the sources from
which all the income and revenue;
shall be derived with reference to the
interest of all the parties to each of thu
mortgages mentioned in the complain
ants bill.
Eighth-The receivers shall report L
the court from time to time at leaS
once in three months their doingS un
der this order and they may apply Il
this court for instructions whenevel
necessary.
NinthsThe said receivers before en-
tering upon their duties shall each TAX
and subscribe an oath to perform then
faithfully and with one or more sure
ties Apr ovedby this court or any judge
thereof, shall execute an undertaking
! to the clerk of said court for the bench
of whom it may concern in the pena
sum of two hundred thousand dollar,
$500, OO0) conditioned to the effect tina
J he Will faithfully discharge the duties
of receiver herein and obey orders o
: the court.
Tenth-It is further ordered that al
parties having in their possession an!
: of said mortgaged property shall upoI
written demand of said receivers yielC
up and deliver said property to them
and the complainant and defendant
are and each of them is authorized T.
apply to any other United States circui
court of competent jurisdiction for sucl
! ether orders in aid of the primar
jurisdiction vested in this court in sal
: cause as may have auxiliary juris
) dictiOn therein
EleVenth-And it appearing to tn
I court that certain bonds and stock
2 claimed to be the property of the sal
j defendant, the Missouri, Kansas
: Texas railway company, are now in tn
possession OF the Mercantile ILu:
! it is ordered that said Me-
: camille Trust company retain tn
y possession of said property until Il
Il further order of this court unless su