Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-08-29
RECEIVERS PROTEST.
They Say They Made no Contract with
the Galveston News.
But Paid the News for Advertising
Contracted for By the
Texas Pool.
Dallas News August 81.

OF the International and Great Northern
railway to the master in chancery's re-
port was filed to-day IN the district
court;
| No. sl23-Jav Gould VS.. International and Great
Northern Railroad. in the district cour, Of
Smith county, in the matter of the report OF
the master in chancery, No. 100.
To the Hon. Felix j. McCord, Judge Seven
teenth Judicial District:
Now come T. r. Bonner and J. NJ.
Eddy, receivers OF the international and
Great Northern railway, aud file the fol-
lowing exceptions aud answers to said
reports:
l. They submit that said report is not
In conformity with law nor the rules OF
equity in such cases in this: That the
same does not furnish this court any
ground or basis for action IN the premises
in regard to either of the two matters re-
ported upon; in that said report merely
contains the bare assertions of the mas
ter in chancerv, unsworn and unaccom-
panied by evidence of any discrmna-
ton.
Your receivers submit that according
to all recognized rules of practice in mat
tiers of equity the report of a master in
chancery should be accompanied by
fun transcript of the evidence upon
which his findings are founded, so that
the. court may Inteligently determine
the matter, so that the burden of the
proof may not be thrown upon the par
ties affected by said report in the absence
of the testimony accompanying the re-
port of the master. Wherefore, your
receivers pray that before your honor
shall attempt to adjudicate the matter
referred to in said report you request
said master in chancerY to file with his
report full memoranda Of the testimony
which he, by inuendO, refers to in said
report, and upon which same is supposed
to be founded.
Answering the allegations IN said re-
port: /. As TO the discrimination
charged therein to have been made 10y
your receivers, they say that in truth,
and in fact no unjust determinations, rs
therein is charged, have ever been made
by your receivers. And there has been
no complaint to your receivers, nor in
any court of justice within your recev-
ers' knowledge by any parties affected
or supposed to be affected thereby, that
they have been Disseminated against by
the rates given to J. Fl. Brown & Co.,
W. ~. Roberts, J. w. Bateman and F.
T. Rembert.
Your receivers further say that the re-
port of the said master in chancery here
in used the following language: "That
said discrimination is unfair and unjust
to the public and clearly IN violation OF
law. - That this fact is not sustained
by anything stated in the report, nor by
any evidence accompanying the same,
but the same stands as mere assertion.
Therefore your receivers call upon the
master in chaueery to sustain these
allegations by filing memoranda of the
facts which were before him as q basis
for said report and said allegations.
Your receivers further answering that
part of the report referring to the dis
bursement of $1,000 to A. H. Belo & Co..
your receivers pray again that the master
in chaucerY. by proper order of this
court, be required to file in this court q
full memoranda of the evidence upon
which this finding is supposed to be
founded, so that the court may take in
telligent action and so that your receiy-
ers may file special answer thereto.
Your receivers say for the present, and
will sustain by evidence to be hereafter
filed in this case before this answer ID
acted upon, that said $1,000 paid TO A.
II. Belo & Co. was paid out in the regu-
lar course of business OF the receivership
and Dallas News, provided for by a con-
tract made by the Texas traffic associa-
ton while the International and Great
Northern railroad was q member OF that
ASSOCIATION long before the receivership.
And your receivers allege that the
amounts paid per month and per year by
the International and Great Northern
railroad for such advertising was rea-
soneble amount for same, and was the
same or less than usually paid for Same
amount of advertising space by other
parties and corporations, and that same
was never within the knowledge Of your
receivers, or either of them, intended to
be, on the part of either the Galveston
News company or the railroad. nor OF
the Texas traffic association, as payment
for the influence OF the News in political
or other matters; all of which will more
fully appear by contracts, letters, papers
and bills hereafter to be filed as evidence
herein on the part of your receivers.
your receivers respectfully submit that
It is highly improper. unjust and inequit-
able that they, the officers of this court,
in whom trust has been heretofore re-
posed by your honor aud the manage
ment of the International and Great
Northern railroad receivership, should
be brought into disrepute and scandal
lied as Is done in the said report, No.
100, without evidence upon which the
master acted being fully set forth;
VI hereas, it is referred to in the most re-
mote way, so that this court Is unable to
upon what testimony the mas
ter acted in said matter.
Wherefore your receivers pray that
-FOUR honor at chambers and without de-
az make an order that said master fur
lish to this court, in the matter OF the
report No. 100, full statement of the
evidence taken or referred TO By him in
he matter of said report, together with
Iuch further evidence as he may be able
10 obtain, throwing any light upon the
.wo matters by him referred TO, and that
upon final hearing OF these exceptions
md this answer your receivers have
credit for the amounts paid out By them
Is shown in their exhibit of receipts and
J. N. DUNCAN,
Attoruev for rReaivera