San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-10-22
THE s. A. P. RECEIVERSHIP.
A FULL STATEMENT By ATTOR-
NEYS INTERESTED.
The Plaintiffs and Defendant Both
Represented in COurt-A His
tory of the Application
and Its Results.

Iuitoi lJluf1l.-ftS Vic mdtbtl W VIC
appointment of receivers of the San An
tonic and Arkansas Pass railway has been
recently much discussed in political cir
cles, and as such appointment was made
in the suit brought by Carr & Lewis as
attorneys for johnson & Hansen and
ed by Houston Bros, its attorneys, and as
many incorrect and improper statements
have been made concerning said appoint
ment, we feel justified in submitting to
those taking an interest in it the follow
ing correct statement:
On the 10th of June, 1890, clients of
Barnard & Green, attorneys, recovered
judgments against the railway company
In the FOrty-fifth judicial district in
sums, a~ggregating over fifty thousand
dollars. The company not having the
funds, these judgments were not paid.
On Saturday morning, July 18TH, Reagan
Houston was informed by Mr.. Barnard
that he would have executions issued
Monday morning and levied IN the en-
gineS and cars of the company. This
threat was repeated by Mr.. Barnard on
Saturday evening at Harnisch & Baer's
on Alamo plaza, when he added that the
executions had already been ordered and
UIldU UHtN WOulu De lSSutu db ~ " ClOCh
Monday morning and levies made imme-
diately thereafter on all the engines and
| cars that could be found-afterwards
qualifying this threat by saying that he
might allow the company the use of one
engine and the mail car to distribute mail
| over the entire line. He also boosted that
the company might get trains out Mon
day morning, but that he would ef~fectual-
ly tie up everything thereafter. Know
ing that Mr.. Barnard had the power to
execute these threats, and that the levy
of the executions would so embarrass the
company that its wreck would be inev-
table, and that by this proceeding the
large mass of the unsecured debts of the
company would be prejudiced and all
Of It's creditors suffer in order that the
clients of Barnard q Green might gain
an advantage, Reagan Houston sent for
Mr.. Johnson, of the firm of johnson Il
Hansen, heavy creditors of the COM
pany, and Informed him that the
company was insolvent and that its oper-
alton would be suspended on Monday
| morning by the levy of these executions.
| As Houston Bros. were attorneys for the
| road, and therefore disqualified from rep
| resenting johnson e. Hansen in a case
| against the company, he then advised Mr..
Johnson to EMPLOY attorneys to look after
| and protect his interests. Mr.. johnson
| employed the firm of Carr & Lewis, and,
1 dlltI ntdIlnk Ilt ldCIS, blty duNlotu hllH
to forthwith apply for the appointment
of q receiver. Perry j. Lewis drafted the
petition for that purpose and on Saturday
night in his Office had the same signed by
Mr.. Johnson and sworn to before w. 5.
Smith, a notary public. This action was
not determined upon until about sun
down Saturday evening and the petition
was not drafted until after supper,
being completed about IL O'Clock,
when Mr.. Smith, in answer to a tele-
phonic request, went TO the office of Carr
Il Lewis and took the affidavit of Mr..
Johnson to the petition. Up to this time
Judge King did not know of the applica-
ton. p. j. Lewis, as soon as possible on
the same night, presented the sworn petit
tion to Judge King and informed him OF
the company's insolvency its failure TO pay
the July interest on its bonds, its large in
d~ebtedness to its laborers and the impend-
ing danger from the levy of executions
for large sums Of money, and requested
that the application be set for hearing on
| Monday morning. Judge King wanted
to give ten days notice, and it was only
after being informed by MIR.
Lewis that he had seen the
company's attorney and that IL
could not dispute its insolvency, that he
set the case for Tuesday morning. On
Sunday morning, Reagan Houston and
p. j. Lewis went to Judge King and in
" IlC Hill vi bAAS " AAtNS ~ IVY
executions on Monday morning as soon
as the district clerk could issue them, and
he was requested to change the time from
! Tuesday to Monday. This change was
made by the Judge upon the urgent re-
quest OF the attorneys representing both
plaintiffs and defendants respectively.
In obedience to the Judges order, the le-
gal notice of the application was served
on Reagan Houston, as secretary OF the
company, about 9 o'clock Monday
morning. The company then filed it's
formal answer, signed by its president as
well as its attorneys, confessing its lnSol-
yency, and the case being regularly called
ton was read and submitted the
road, falling to resist the application for
receivers and presenting its formul an
swer of confession, the court appointed
receivers, as he was legally bound to do.
When Reagan Houston went to the
court house at 10 o'clock he net MT
Barnard in the clerks office and he,
(Barnard) then said that he was there
to get out the executions, as he had
threatened to do. The judge appointed
b. +. Yoakum and j. s. MacNamara as
receivers, both being qualified to accept
such appointment, as well by the terms
and requirements OF the law as by Their
age and protect the business and property
of the insolvent company. This decree
was made and entered on the 14th day OF
July, 1890. and since that date no credit
or or other person interested in the con-
duct of the company's affairs has filed a
single objection In this or any other
court, calling in question the propriety of
the ~receivership or the qualifications OF
the receivers.
of facts, we desire to call attention to the
results to be achieved by the appoint
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