The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-07-23

Everything was agreed to by the par
/. ties, but some apprehension arose that
the court would not at one time en-
join the prosecution of suit and a
few days afterwards enter Judgment
upon that very demand. So he was
approached by Herndon upon the
subject, who returned and said all
would be well, but that the court did
not want any one on the other
side to talk with him upon
the subject. Accordingly on Monday,
March IL, just twenty-one DAYS after
the original appointments, all parties
appeared in court. Finley resigned
and was by the court allowed $4,000
as compensation for the twenty-oue
days he had junketed over the road
in a special car trying to get some idea
of what he was there for.n The in
junction against Gould was modified
and judgment entered without muir
muir from anybody upon Gould's sic
titious' debt. The intervention of
the Missouri, Kansas and Texas was
Withdrawn. EDDY was appointed as
Finley's successor, all within the space
OF half an hour. And thus began the
fight for Gould. The receivers were
to be paid 1924, 600 per annum, and the
general attorneys $4,000 to see
that Gould should get his
money. The Texas Farmer
sympathizes with the defense at
Galveston. They were "between the
devil and the deep sea- In the efforts
to Justify the trade by which Gould
was to have his Judgment they showed
that his claim was just and bona tide
one, and thereby destroy the original
theory upon which the receivership
was created. and which was founded
upon the aflidavits of Herndon, Chill
ton and others that it was fraudulent
and fictitious.
The investigation disclosed the as
founding fact that Notwithstanding
the receivership has existed nearly
three years, the extreme limit
fixed by the legislature within which
receiverships are to be wound up, only
$4,000 of Mr.. Gould's debt has been
paid off, and this was paid without
authority and only ratified by the
court upon the promise that it would
not occur again How long is it proposed
that this business shall go on? 1t is
not to be wondered at that the public
conscience has been awakened and be
gins to clamor over these abuses. At
this rate, if something is not DONE the
Tyler receivership will last forever
There is one thing in this connection
developed by the investigation which
seems to be utterly without excuse,
and loudly calls for needed legislation
| Perhaps such an outrage was never
before committed by a judicial tribu-
nal. We refer to the Longview de-
post. Notwithstanding the fact that
Jay Gould's judgment is drawing per
cent interest, Judge McCord, of his
own motion, orders Receiver Bonner
to place $4,000 in the Longview
bank, and it has remained there
for more than a year, and is
used by that bank without interest.
Receiver Bonner had occasion to
draw upon that fund for better
ment of the road to which it belonged,
and his control of it denied by the
bank with no better reply than that it
was held by the grace of the court.
Now, in the name of common sense, if
this money was not needed in the ad-
ministration of the receiverehip, will
not somebody tell us why it was not
paid on the Gould debt? If this had
been done in the first instance the in
terest on that amount would have
been saved the people of Texas, who
at last must bear the burden" ac-
cording to Receiver Campbell.
Texas Farmer is sorelv disappointed
in its candidate for receiver. When it
recommended him it had no knowl-
edge or intimation that Mr.. Campbell
had taken a back salary grab" of
$4,000. How could Texas Farmer be
expected to know this, when the order
making the allowance was
kept out of the record until
after Mr.. Campbell was appointed?
Not even the parties or their attorneys
knew of it, and the bad feature of it's
suppression lies at Mr.. Campbells
door. He had charge of printing the
record, and the only excuse we can
find for him is, that he must have for
gotten that little matter of allowance.
Five thousand dollars is small
nifcant sum just escaped his atten-
ton. He claims that Judge McCord
sent the order to him, and he sent the
order to Judge McCord with the sug-
gestion that it be returned to the Tyler
clerks office instead of the office at
Palestine. Now, Judge McCord should
nave SeuU GlldU OruSF SOlueWueTe;
and whether to Palestine or Tyler
it matters not, it would have
fallen into Mr.. Campbell's hands, and
since he never saw it afterwards is it
not singular that he did not Inquire
after it?
The investigation at Galveston, at
least, shows one fact, and that is there
is much needed legislation upon the
subject of receiverships. Salaries of
receivers should be fixed at some fig
ure which will not stagger the public
conscience when they become known.
The duties of the master in chancery
AMI his salary should be so defined
and so regulated that the public may
come to regard that position as pub,
lie trust rather than private snap.
The fees allowed their attorneys
should be kept within the bounds of
reason, and many other abuses shown
to exist in this Tyler receivership pro-
vided against, so that they may never
again bring our judiciary into disre-
pute and public scandal.
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FiddIinO His Wav IN Heaven.