Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1893-09-28
AN OREGON PACIFIC SER
MON.

IdllS vi lllS lOdO, SIlu lilal Tue mann
object of the sale ordered by Judge
Fullerton is to determine, the rela-
tive rights of the different creditors
who will participate in any fund
that may be created by the sale.
This was done so that all creditors,
material men and laborers, might
have al matters settled and adjudi-
Gated without waiting until after
the fund is created, and then hav-
ing it done at their own expense.
These matters will be determined
at the earliest possible moment,
and then the court will order the
sale of the road, and the chances
are that it will take place before
December Ist. Mt. Gest says that
intermediate orders of all sorts are
mixed, and Judge Fullerton wants
to get one record Of the conpanv's
affairs and everything in shape for
the supreme court, should the case
be appealed. The certificate in
debtednesS amounts to $500, 900,
and there IS ~ in"ehteiress oi
100000 not represented by any
particular acknowledgement. The
rank of this Indebtedness will be
determined by the court"
1t will he seen hy the above state
ments OF Mr.. GeeI, who is the at
torney for the receiver, who is the
creature OF the coart, that sale OF
the road was not contemplated at
once. 1t will be remembered that
during the last campaign the wage
question of the o. p. employees cut
all important part III the circuit
judge contest, and this alone dc
teated Judge Pipes and elected
Judge Fullerton. When the latter
went upon the bench ii was implied
ly promised that the employees OF
the road would in some manner re-
ceive their back pay. We have
been informed that this statement
has been made by Judge Fullerton
to employees of the road directly,
and it was currently reported IN the
press surrounding that lie stated in
Corvallis last March when Receiver
Hogg was removed and Receiver
Hadley appointed, that he intended
to pay the men their money if road
sold for only enough to pay them.
The fact remains that the back
wages have not been paid.
We wish TO give the present
management all manner of credit
for their operating ability and for
manifest attempts to keep up the
payment of wages. The point,
however, which looks bad is the
complete failure Of any attempt to
sell the road and pay the employees,
and the public statement of the
court through its attorney, that be-
fore such sale Is really contem-
plated that it intends passing upon
and adjudicating all the claims
against the road, The claims for la
Dor included. 1t seems to us that
there is no reason for any couf,
to pass upon these claims for
labor. They are due and they are
just. They represent the earnings
of hard working set of men, and
it has been promised and agreed
that they should be paid out of the
first fund created and il is but Just
and right that they should be.
Another thing which we wish tc
call the attention Of the people tc
is the fact that by a law enacted
last winter it became mandatory
for receivers TO pay employees
monthly. The law is found on
page 80 Of the Session laws on 1894
and reads as follows:
SEC. I. Whenever the busires.
or property of any person, company
or corporation in this state shall be
placed by any court in this state in
the hands of 4 receiver, whether
upon foreclosure or creditors bill,
it shall be the duty Of such receiver
TO report Immediately to the court
so appointing him. The amount due
by said persos, company of 6ofpor-
alton, at the date Of such receiver s
appointment, 70 employees and la
borers Of such person, company OF
corporation; and it shall be the
duty Of said court to order the said
receiver to pay out Of the first re.
ceipts and earnings Of said person
company or corporation, after pay
ing current operating expenses
under his administration, the wag.
es Of all employees and laborers
which had accrued within six