The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-08-24
RECEIVER APPOINTED.

RECEIVER APPOINTED.
Court Cuts the Proceedings Short-Question
of Jurisdiction.
Both sides having rested, Mr. Howe. for
the defense. said they would like q little
time to get their breath.
Mr.. Harris was of opinion that the re-
ceiyer should be appointed without delay.
There is large amount of money in
volved," said Mr.. Harris. Il see by the
newspapers that acrIon is being taken in
Michigan and Baltimore. perhaps in Bos-
ton and elsewhere, looking to the appoint
ment of receivers for branches. The longer
il takes for action here, the worse it Is for
the order. We think the interests of the
members of the Iron Hall require that as
much of the assets shall be administered
upon by this conrt as possible. II re-
ceivers appointed in each city there
will be grab game and the interests of
members will be sacrificed"
Mr.. Smith-DO you think receiver ap-
pointed here would have jurisdiction in
Mr.. HarrIs-While this court has no
jurisdiction of persons or property outside
of Indiana, yet the person Is here tho cor
poration and the court can make an order.
and we have SO framed It. to the effect that
branches If they refuse TO yield to the ad-
mInistration of this court tho sums of
money they have the court will determine
what is to be done to those branches and
the members.
The Court-My impression IS that it is
necessary that this case should be disposed
of without any further delay. l am ready
to hear any argument To be made pro or
con. but the interests of the order, and the
members. and the public require that this
matter should be disposed of. If there is
no argument to be made am ready to dis
pose of the case.
Mr.. Howe-We should like to have some
time. The last seven or eight days have
been consumed by the plaintiffs
The COurt-As far as that Is concerned, If
the defendant had seven or eight dsys To
cons ume il evidence should sit and listen
to il, but the evidence has closed. i can
not give any time.
THE COURT SCORES THE MANAGEMENT,
Mr.. Howe-Then we shall have to object
that time is not given us. Mr. Smith and
myself were mp until IL last night, and
neither of US has had any thing TO eat to-
day.
The Court do not think it necessary
that any argument should be made. The
evidence is clear, and there is no question
but receiver should be appointed. The
thing has been put into a condition by the
management of these officials of this order,
the like of which this court never heard OF
in the course of more than TWENTY-FIVE
years practice. 1t seems as if the thing
was managed more for the purpose of keep
ing up the supreme officials than the in
terests or profit of the members of
the order. 1t is clearly an in
stitntion that must close out even with the
best management and those last In it must
come out sufferers. ] shall appoint re-
ceiver in the case and you can read your
order.
Mr.. Harris shen read the order, which
was az follows:
In the Marion Superior Court. Albert r.
Baker. ct al. vs.. The supreme Sitting OF the Or
der of the Iron Hall. ENTRY
Again come the plaintiffs by Hawkins &
Smith, Baker & Daniel and Addison c. Harris,
by Duncan smith paniel Wate 1 Mow os and
Morris. Newberger & Curtis, Its attorneys.
And the hearing of the motion to appoint are
ceiveris now closed. And the court now doth say.
find, order, direct. adjudge and decree herein as
follows:
l. That the motion of the plaintiffs heretofore
made in this cause for the appointment OF re-
ceiver for and over the defendant. its property
and assets ought to be and the same Is hereby
sustained and allowed.
2. 1t Is therefore ordered, adjudged and decreed
that James +. Failey be, and hereby Is appointed
receiver of and for the defendant, TO receive,
take and hold, under the order and direction OF
the Marion Superior Court. all the property. real,
personal and mixed. of any and every kind, to-
getner Win al IT'S moneys; bonds bihs, notes
cry kind, both within and without this state:
with full power TO receive. demand and collect
i'll his own name. as receiver, from the defend
ant and all its officers, agents, branches, bank
ers and any and all other persons, whether
within or without this State, and to take, hold
anc keep III his possession, under the direction
of the court, all the realty, goods, chat
tells, money, bills, notes. drafts, chooses in
action, claims. dnes, demands, rights, cred
its and effects, books, papers. property and
things OF any and every description, belonging
10 the defendant at the time of making the mo-
ff.ra ,-xxif Arer
or since acquired, and TO do and perform oil and
singular, the duties imposed upon him and re-
CURED by law. And said receiver Is empowered
TO sue in his own name, as receiver, any and all
persons, corporations and bodies, within and
without this state. who neglect or refuse to pay
or turn over to him any OF the property as af0re-
said or otherwise coming to him as such re-.
ceiver. or neglect or refuse TO comply with this
or any further order of the court.
g. And the defendant its officers, agents, serv-
ants md employees, both within and without
this state including the officers agents. servants
and employees OF its several subordinate branch
es, both within and without this state, are each
and all ordered and directed and hereby re-
Quired to deliver and surrender TO said receiver
claims. notes. securities, bonds and assets OF any
and every kind whatsoever OF or belonging TO
the defendant. and to pay over and surrender to
him on personal or written demand by him or
Ills agent or attorney made, oil and singular the
property, money and things aforesaid, including
all moneys, notes and securities held by them
and each of them without regard to whether the
same belongs to or Is held or invested for the
use and benefit OF the reserve fund of said de-
fendant, as set forth in its constitution and laws
or any other fund or trust.
And II on demand as aforesaid upon any such
person. branch or person aforesaid, any such
shall neglect or refuse - obey and comply with
this or any other provision of this order and de-
cree, then such receiver directed To report the
| matter at once 10 the court, when such further
order will be made In such behalf To the court
shall in stlcA case seem meet
4. And said defendant, its officers, agents.
| employees, persons, branches, and the officers and
agents thereof. are each and all hereby required
| 10 make, execute. acknowledge transfer in
| writing or otherwise assign anu deliver any and
| all deeds, securities, bonds. notes, mortgages
ana c0iaterais and obligations. which said re-
| ceiver shall deem TO be necessary or proper TO
| more efiectually vest in him as receiver-any
| part OF the property and effects aforesaid.
D. And To the end that all the property
money aud effects Of the defendant may be
! better conserved for the benefit of the member
| ship OF the Order Of the Iron Hail. each and
| every member thereof whether within or without
| this State, and each and every subordinate
| branch. all and singular are hereby enjoined
| and restrained from using. spending. paying out
transferring or In any manner disposing of any OF
| the money. assets or property In this order and
decree mentioned or In any wise dsposing of
the books. documents or papers OF the defendant
or any branch OF the order except 10 safely
keep and deliver the same into the hands of said
| receiver. as herein directed.
| q. said receiver has liberty to employ all such
agents. assistants and clerks under him. whether
| officers or members Of said order or other wise,