Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-21

appointed in his place. and on the same day
all parties Withdrew their opposition to
Mr.. Gould's suit and allowed him to take
his Judgment for the amount claimed by
him. whereupon the court made an order
embracing this Judgment in the receiver
ship.
On the 3Oth OF March, 1889. the trustees
of the second mortgage bondholders filed
suit in our court and asked for the appoint
ment of receivers. The same receivers
We're appointed. In the meantime suit
had been instituted in the district court OF
Anderson county in behalf of certain bond
holders and stockholders asking for the
appointment Of receiver and claiming
the want of jurisdiction in our court here.
The first day of April was appointed to
hear the matter, and on that day number
of attorneys beside myself went to Pales-
tine to oppose this appointment. The re-
suit of this suit you know. On that
day also, the regular annual meeting
OF the stockholders and directors of the In
ternational and Great Northern was to be
held, but Mr.. Harrison, the assistant at
tolney-general. appeared at Palestine and
had an injunction served on the directors
and proposed directors, restraining them
from interfering in the management or con-
troll of the International and Great North
ern. This suit was filed and is now pend
ing in Austin, and is entitled the State VS..
Company, the International and Great
Northern Railroad Company ct al, and the
nature of it the record there will show.
As stated above, Jay Gould got Judgment
on his debt ON March II, 1889 1 will also
state here that in May, 1899, the trustees for
the first mortgage bondholders also filed
their suit in our court and prayed for the
appointment of receivers, which prayer was
granted. Afterwards at the September,
1889. term of the court, the state, through
the attorney general, interviewed in the
suits of the bondholders, claiming that the
bonds were null and void. The Missouri,
Kansas and Texas railway company also in
tervened in the suit of the second mortgage
bcndholders at the same term. After va
rious Intellectual efforts on the part of the
bondholders to obtain a trial of the, cases
Che continuance at the last term being
given on account of sore throat of one of
the eight attorneys representing one of the
intervenorS. The bondholders at the last
September term upon the case being con-
tinued as above, dimissed their causes of
action and claimed dismissal Of the whole
case, which the court allowed; and from
this the attorney general presented an ap-
peal to the supreme court, where his ap
peal is now pending.
can see no reason for the original ap-
pointment of receivers, but always thought
that it was high handed judicial outrage,
collusively perpetrated to afford place,
spoils and patronage, and l believe an in
vestigation will show this. The reason for
the retention of the receivers is, as stated
above, from which you can draw your con,
clusion. There are many well authenticated
rumors about this whole matter,
the ventilation of which will
tend to purify the administration of
justice and the truth of which an investi-
cation will develop. Allowances, in my
opinion, have been unreasonably made, as
knwn to the public, in some cases. We
only know of them by accident, as the or
ders making them have been withheld from
the records and suppressed. The record
only shows that Mr.. Finley was allowed
5000 on account, and yet understand that
$4,000 was allowed and paid. The
record also only shows that
the ex-master in chancery and present re-
ceiver, L. NJ. Campbell. was allowed S400
per month, and yet he was paid $4,000 extra
compensation for his first years service on
an order which was filed and Immediately
withdrawn, and has not yet been put in the
record; though, as I understand, it was
made a year or more ago.
About the 1st of January of this year, MIR.
G. NJ. Eddy, one of the receivers, died.
After his death, knowing the inclination of
the court to provide for his friends, and
fearing that he would make the appoint
ment of another receiver which was wholly
unnecessary and would create an additional
burden, we went to the judge and requested
him to make no appointment until parties
interested in the property could be heard.
The court thereupon gave US written Or
der appointing Saturday, January "a, at 10
O'Clock a. N. as the time and the court
house at Tyler as the place to hear the par
ties at interest as to the appoint
ment of another receiver We appeared
hn 4fr,n rN1nn ,%al
having in our possession protest or objec-
ton from Mr.. Gould, the International and
Great Northern railway company, the
trustees of the first mortgage, the trustees
of the second mortgage, and the Missouri,
Kansas and Texas railway company, all
opposed the appointment of another re-
ceiver. will here say that the above who
terest in the property, both stock and
bonds, and all the parties to the litigation,
and it certainly appeared to us that
their request ought to have been
granted. The judge, however, did not
appear as he had ordered, but went off and
held secret meeting with the applicants
for the position of receiver and other
friends, and in such secret meeting decided
upon his course and appointed T. NJ Camp
bell, the then master in chancery, CO.
receiver with Col. Bonner, never at any
time giving US or any OF the parties at in
terest an opportunity to be heard Before
he had made the appointment, however, we
had hunted him mp and filed with him the
protest and objections of the above parties
l will also state that Mr.. Campbell is
lawyer at Longview, Texas, and knows
nothing of the operation and
of 4 railroad This step, it
appears to me, is without the shadow Of
Justification or excuse, further than that it
afforded place for another judicial favor
tie. to-wit, in the appointment of MIR. r. N
Stafford TO the position of master in chan
Gerry, made vacant by Mr.. Campbell's ap-
pointment.
1 believe I have answered all your in
quiries, merely corroborating your present
as shown by your letter
In conclusion, will ask that this COM
be treated as personal for APP
parent reasons. If called upon, however,
by legal authority, will willingly give the
above statement and all that know.
Senator Cone Johnson might afford
YOU some further explanation, which find
it quite impossible to express in writing.
Yours truly,
[Signedl H. NJ. WHITAKER.