Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-12-07
PIN NM.
RepiY 4 Assssla ersset, irsa Nal. y
DsnsaSs = Rseeivse.


A. ~. Goddard Esq.,, attorney Of tis
Aggastx branch ieos o. the Iron Hall re-
eeisesi recently letter written the Augusta
branch Nov. - By the attorney represent
ing the indianapolis receiver Of the order
/ The letter asks rezsons vhy the Augusta
branch has not complied with the orsler Of
the receiver 10 forw ard reserve fansis AMI
assessment and threaten. suit against ia,
individual members. officers on their bond
ADD deprivation Of the members from
participation in tie division OF the fund Is
the receiver. hands. Mr. Goddard has sen
the following letter ia reply
/ ACer.Ts, Me-, Dec. gih. 1852.
MEssss. TaYLeg & Esfra.
Dear sirs AS a member Of the late Ia
Bsase2 order As chairman Of the ecmmittes
Of our branch having the matter in question
in eharze. and a. an attorney at-la~ Il has'
been requested by our G. J in behalf Of ,b'
/ branch 1885 and in his behalf TO answer
your letter Of Nov. 18th.
To your inquiry a. 20 our reasons for no
comply Ing with your request 90 pay over II
/ the indianapolis receiver our reserve fnBs
and assessment lis. the most natural and
fitting reply would be to ask you 70 kindly
explain upon What principle Of seif-interes,
Law. equity common sense or deeency yot
claim To Justify such an extraordinary de-
msnd. However, "a you have asked, pre-
sumabiy for information. will give y0a
some Of our reasons, hoping that thereby
your eyes, If not those of the Incompetent
! court uader whose authority yon are act
( ing may be opened 10 the facts or assisted
( in view ing them in a nes light
| list. We stand in the position of eredi
tors not debtors 10 the supreme sitting
( (Which the receiver representa- and al
though fortunately for as we hold in our
/ hands and under our control funds which ioi
/ the purpose Of argument will assume "a
have belonged TO the supreme sitting al tiit
time il went out Of existence by decree oi
your court, still these funds are not nearl,
sufficient to satisfy our claims against TIE
supreme setting. and which on every priv
ciple of las and equity as administered IN
| this State, al least, We are entitled 10 ofs
I against any claim which you seem to sup
pose the supreme setting may have againsi
us indy niually or a. . branch. What y 20
retain in our possession We are REASONABLE
sure Of, while sad experience has taught o.
that what We send 20 indianapolis We ar
more than likely 10 losr,
ID. Not 0nly have the dictates of com.
mon sense and equity, as above explained
/ influenced our course, bat we have beer
largely influenced by a feeling of 4iistrns
of the entire management of the proeeel
ings in the receiyership ease and even u
the ability and learning. To take a ebarita
bic view of the intentions. of your sliperl"'
court Judge " no in this matter has arr"
gated to himself the most astounding extra
territorial jurisdiction exeY'led onI'
I in il. audacity by the an
reasonableness of the decree.
which he seeks to enforce AMI by tile con
tcmptible pu-lisnimiiy Of the threats b.
which he and his agents have sought 10 en-
force them Which last appear to us
sufficient confession Of weakness and "a
conscious wrong.
Now as TO the threatening part of yog
letter First and last since his appointing"
the receiver has threatened us with depriya
ton of dividends from funds in his han Is
suits against our members and against on
officers on their bonds, and has rested littI'
short of attempted blackmail and extortioI
in his efforts to brighten our local treas
urer by suggesting a criminal prosecution
for embezzlement as a consequence of hi
noncompliance with the decree of your In
diana court. But there is no terror il
your threat" for us who fortunately he
yond the jurisdiction of your extraortiinaF,
court can rest secure in the protection o
the laws of our state against foreign injus
tice and persecution.
Unfortunately your court has the powe
to execute its threats regarding the fund
already in it's control. and in view of it
ayow ed attitude tow ard ns do you suppos
that we are foolish enough to extend it
power over our rights and interests ny on
own voluntary act
Having fully answered your inquiries,
would crave a little information which
think Is due from the Receiver 10 the cred
itors, namely
isl Does not the insolvent law of you
State allow creditor Of an insols ent slebto
20 Offset funds of the insolyeut in his hand
against a debt due him from the insolvcn
and TO prove his claim for the balance 'lu
him
ID If 50 why do you require us not on'.
TO pay over to the receiver our reserve fun
ipsoIven, supreme sitting, but also to e
down into our pockets and pay an addi
tional assessment on pain of forfeiture o
all dividends:
ID. Did it ever occur to you that besid
being right ami awful it might be qnite a
convenient and inexpensive to Us in the enc
to retain that portion of our own funds
which either il in our pockets or immediate
control as to send it on to you to be aPpor
toned and RENTED back to us after man,
months, If after hedueting pay for you
troubl. there should be anything to be re
mittedy
It'll. If there is fund in the hands o
the receiver in Indianapolis of which W.
have . right 10 Il distrhutive share, wha
right or decency is there in compelling us t
assess ourselves ratably 10 increase suc'
fund, and if there is no such fund do yo'
think we are likely to GET up one now
Yon ought 10 be aware that oar reser't
fund is the profit solely of our own assess
nents. 81 per cent of each assessment hat
iug been sent to Indianapolis and only -
per cent retained by Us ~ reserve fund
am certain that the Maine menihershi
would be very glad 10 receive little infoF
nation from indianapolis as TO how thei
interests are being cared for, which, a
.retIitors. they have right TO require iron
the receiver. who is supposed to represen
and not he hostile 10 their interests. but a
vet nothing has reached rs save threats
which We relish ltlc and fear less. espe
riall, ~ our honorrd and able suprem
court has issued several inlunctions re
straining the payment of our funds TO you
receiver.
II under the decree which has rendere
your Marion county superior court su
ptemcly ridiculous, you desire TO waste II
frivolous anf uua,siling litigation wha
little of our CENTRAL fund after escaping th
rspacity of our indianapolis officers In
. fallen to your tender mereies, We canno
4, prevent ydhr doing SO, but shall certaiul
resort to every legal means To resist furthe
robbery.
Commence your suits and prosecutions u
| soon ~ YOU like. hut send us no NOR
weak anil idle threats.
Very truly yours,
A. NJ. GoppNEn.