The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1893-02-23
gOp0S .ggEag
eesrsSusu raeasp .asr rs


lsuSrfNums Faesss ysasr rss,gsl
and Inter dropped from fhe Board oil hi.
rectefs. Ms. Haldokopes, Who Mas fresis.I
s sssll OF the Consolidated Company, on
looking through his accounts, brought
sait asAaest him Cor several thousand /
dollars which he claims Dr. Bailey owed
the Conn as 4 result 0e his adntnis.l
ration. While this salt was pending
L,rs Bailey and others brought suit in The +
Y. > Court attacking the Company ON |
varioas grounds, suing for salary, com
m ssiens, charging violation OF law III It's |
organization and conduct, Insolvency, aud |
asking for a receiver. Thss suit Was eom-
4 tacncsd II. the u. s. Circuit Court fori
Southwest Virginia. he Judge declined
TO grant any orders without notice to de |
; fendant Upon service being made, 20 the
COMPANY, it appeared, and q day was
sought to he fixed for the hearing Before
that day arrived, the plaintiffs dismissed
their case, and went without notice before
"a County Judge whs was temporarily hold
ing court Tor the circuit in which the
Company is located, and rot from hin, nm
order appointing Bailey Receiver upo,, a
very smal. bond I. The Company imn,edi-
l ately went before Che Judge Of the circait
who suspended so much OF the order ne
gave DR.. Bailey. possession, requiring the
tssnnspaay 10 give bond, and make its show
ing within twenty days Before the end
OF this sweftgs days. Or. Bailey went with
the same bill with some trihing additions
-~l,eInre the circnit Judge, and asked the
same relief. This the circnit Judge Kelly
refused. as he subsequently, stated be-
c:susc nSsthes pending cause and the ordei
wl,ic!, wa- in fall force, hui he endorsed
upon the hack of it simply the word IRE
fused" Under the VIRGINIA statute,
shcre a Circuit Judge refuses nm iijnmc-
: ZION, the petitioner may so to the nearest
Ju.i.c OF the Court si Appeals, nnsi Ire bas
pawer to grant the injunction order.
Whether he, has power 10 appoint n re-
cc:ver is,ar ,nseitiad question, on which
fhe Cour. n diyidedy DR.. Bailey, on the
same day that Judge Kelley refused, went
before Judge Richardson OF the Conrt OF
Appeals, who granted IN injunction and
appointed Dr. BAILEY receiver again. From
this ordersthe Company took an appeal,
aud. n,, hearing ii. the Appeal Court OF
Virginia declared thuf Richardson y order
was invalid. and the decision distinctly
decides that any appointment 1T receiver
wasxin,nro,,er. Ii is claimed that the
A,peal Cont did not in words yacate the
tirs, ,r.ler Of The. County Judge to which, !
bara aiIs,,etl, and that It is Still III force.
When ! rcaii the decree noticed that
this point WAS not very clear, anu M
s,r,cted nv council TO call it to the atten-s
ton of the Appeal Court. he did SO. and
the President OF the Court said no order WAS
necessary, rs their order had thoroughly
settled the whole question. Matters stood
j. s. il, this way Mntis some time last Summer
when our counsel, Mr.. Ayers, Informed
me that he had good reason to believe
That Mr.. MctSeorge, who had expressed
great dissatisfaction with the management
al the Company, li,d prepared, in concert
with DR.. Bailey and others, an amended
hill. upon which they hoped to get re =
= eeiyerslin before the Virginia Courts
IInon hearing this, ut once reported 1t
m sbe Directors, and, ne u result, the Gen.
trial Trust Co.applied fora receiyership
nm nm overdue loan before Judge Bond OF
tho Circui, Court of the q. S. This ap-
nl;cation WAS based upon confession OF.
;udrment which made on the day before
,be am}ication vas made to Judge Bond.
There was no resolution of the Directors
authorizing me To confess Judgment, be-
eanse.it was impossible to get u meeting
IN time. The Directors subsequently met,
M did The stockholders. of the Company,
and ratified nv action. Mr.. McGeorge
then. in conjunction with DIR. Bailey anSd
aome others, came in and answered the
Till making various charges, alleging that
tho original order Of the County Judge
was stiIl in force, and asking to i,e made
norties. etc. To this answer Bullitt aud
( Dixon appearedas counsel. Upon finding
that thew appeared as counsel, proposed
that each piirty shall name two or three
men. disintercsted, and fit for the POSITION
nj referee In the cause, aud that one OF
them he selected by the Court; thatthere-
mon the Company will give access TO any
Of the books and papers of the Company
. to counsel of Mr. Mctseorge and the other
8 eparties to the case, put in its evidence
without q moments delay, within thirty
aays submit the case to the referee, and,
mon his report coming in, join in q re-
onest to the Circuit Court TO hold special
sassion. and agree that the decision OF
Indge shall he final, each side waving all
technical objections and deisncee. AS
+ President of the Company, have always
fell IL MY duty to try in every way IN my
power to correct any wrong that i'sa peem
done. and have repeatedly offered that i
Mr.. McGeorge or any one else would give
me any evidence of wrong doing, to pro-
ceadf at once in the name of the Company
TO resist and correct it III the courts u
necessary. have in the present case in
structes our counsel To consent TO parties
coming in, and directed him 10 oner no
technical objection to ansthing they may
want to bring before the Court. am
-st;lt.ready 10 do this, orto modify It in
any reasonable way that Built and Dixon
NAV suggest. offconrse, leaving mat mat;
hrs Nd 'unreseryediy .ogou, do itwish
the understanding flat you will protect
the rights OF the Company, as well as
those parties whom yoa represent, and act
ssssheras arbitrator than partisan conn-
~ sai Yours truly, JonS G. HASKELL,
President ", &. g. Go.
Acting President S.A. ~ Q. Il. ~
President Bristol Land Co.
"a Receiver ". #. c.. S. a 40.