Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-08-08


TYLER. TEX, July 2S.-Jay Gould vs.. Inter
national and Great Northern Railway Company
ct al, No. Sl23, in the district court of Smith
county, Tex In the matter of receipts and dis
burs ements of T. R, Bonner and j. NJ. Eddy.
receivers, in above cause from month of May,
1883, to May, 1880, both inclusive.
To Hon. Felix ]. McCord, Judge of the Seventh
Judicial District, Texas:
The undersigned master in chancery, to whom
was referred the said exhibits. having examined
the vouchers and accounts and other evidences
relating thereto as could be obtained, now re-
ports that said exhibit. as far said mast 81 has
been able to ascertain, generally true and
correct, aud that disbursements appear to
have been improperly made save and except the
items shown by the exhibit ''A'' hereto attached
and made part of this report. and the item
hereinafter mentioned, which said several sums
of money named in said exhibit were paid to the
parties named therein on the dates shown, ap-
parently for overcharges on CO ton shipped over
the line OF said International and Great North
ern railroad by the individuals therein named,
when in truth and in fact the said disbursements
were not for oVercharges on said freight, but
made in furtherance OF an unjust discrimina-
ton by way of rebates on said cotton shipments.
That by reason Of said rebates and evasion
the said shippers were favored with rate of
twenty-five cents and fifty cents according to
destination) less than the fixed and published
rate which has been uniformly demanded and
collected from other persons for transporting
the same class of freight for the same distance
over said road.
That said discrimination is unjust and unfair
cannot be approved OF sanctioned by said mas
ter in chancery.
1t further appears that during the month of
December, A D. 1889, the said receivers dis
bursed from this trust fund the sum of $1,000 to
A. h. Belo & Co., publishers Of the Galvestoa
News: The account upon which this disburse-
due for advertising cards as per contract. -
Upon g full investigai ion OF this claim, how
ever, and an inspection of the original voucher
II ched. 1t is shown that this claim was lot for
ADVERT sing, but for influence of said newspa-
per, and grows out Of contract between
combination of Texas railroads and the said
galveston News, by the terms OF which said
contract, evidently made prior to the receiver
ship, the said roads agreed to pay to said news
paper a certain sum of money for services prior
to and during last session Of the legislature,
the International and Great Northern railroad
company proportion of said sum being Sl4i0.
That said $500 was balance of said amount
claimed to have been due on said account.
"Butin order to take from the transaction the
appearance of bargain and sale for influence"
it was agreed between the parties to said con-
tract, it seems, ''that the sum misht be liqui-
dated under the head Of advertisements, inseI-
ton of advertising column being part OF the
general consideration hence the claim was
made for advertising as above stated. There
fore in reference TO this disbursement said mas
ter in chancery after a careful examination of
the statutes classifying claims in matter of re-
ownership, fails TO find a class under which this
peculiar claim could come or q fund from which
1t could be legitimately paid. 1t is therefore
held to have been an improper disbursement,
wholly unauthorized by law or the order of this
court.
1t is believed that said receivers should re-
ceive no credits by reason of said disbursements
and that they should be required to restate and
file their said 8 counts covered by this report,
and credit such amounts improperly paid
out, aggregating s61QI. IL back to the general
fund held by them in trust, and the said master
in chancery so recommends.
Respectfully submitted this 2sth day Of
July, A. D. 1880. T. NJ. CAMPBELL,
Master in Chancery.
Filed July %, 1890.
EXHIBIT IA. -
Voucher No. SO; date, April /, 1889; date OF
payment, March Is, 1859; payee, j, Il. Brown &
Co.; amounts S525.50
Voucher No. 81; December, 1889; January /,
1890: J. H. Brown & Co.; S2265. Is.
Voucher No. 639; January, 1880; February Ie,
1880; J. II. Brown & Co.; SIS6. 10.
Voucher No. 400: May, 1890; May 81, 1890; J.
a. Brown & Co.; SO. IS.
Voucher No. 1888; November, 1889: December
7, 1889; w. w. roberts; sx05.50.
Voucher No. 299; December, 1889; January /,
1890; W. W. Roberts; S225. 80.
Voucher no. SIG; August, 1889; September 10,
1889; j. w. Bateman; S296 80.
Voucher N. $50: March, 1890; April 9, 1890;
]. W. Bateman; s971.
Voucher No. i76; April, 1890; March 1s, 1890;
2. t. Rembert; s25.
The News wrote THE GAZETTE from the
Galveston Office returning thanks to THE
GAZETTE for its fair editorial under the
caption, "No Evidence Adduced. -