The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-02-01

Chicago, Jan. S1.-The conflict in the
! Whis}1ey Trust receiversh;p case pre-
sents the paradox OF the attorneys for
both sides of the combat expressing
extreme satisfaction with the status
Of the case. Each party claims IL is in
the right and has received all il asked
/ for When Judge Grosscup opened his
court today there were present attorneys
Rnnnelis and BURY representing the
receivers. Levy Mayer for the petition
! ing stockholders committee. .. PecKani
for the Shufeldt Distiliery and Attorney
Eddy fer Nelson Morris
The court made the following state
mont:
Through their attorney. certain
stockholders in the Distilling and Cattle
Feeding company represented 10 me in
the presence OF the president and attor-
] ney OF the company that the company
+, was insolvent and that a s., 600, 900 debt
would soon fall due and that in their
! opinion unless the company was placed
In the hands of court Of equity for
operation, the funds of the COMPANY
would be wasted and dissipated and the
/ loss fali upon the stockholders The
situation as set forth in the bin was one
that dmanded immediate action. To
FAciiSh tiic WOllu the complaint
I would defeat its very object. Apparent
~ the protection the court was neces-
sary. The president OF the company
cid not combat the representation and
the receivers Were appointed.
STOCKHOLDERS PETITION.
, a petition is now on file from other
stockholders representing that the first
bill was authorized By only a small
proportion of the stockholders and
RN0rv 49,
rlght or authority 10 surrender the COM
pany in such manner. 1t is further
stated in the petition that at the time
the receivers We're appointed a commit
tee was on the point of furnishing a
plan for the rescue OF the corporation
and tn raising OF the necessary funds
and that this plan was frustrated by
the appointment OF the receivers. Cn-
der these circumstances, the petition
ers ask that the court hear them on m
application for the removal OF the T
ceivers. From the nature of the case,
the court should inquire into the facts
and / Will set Saturday morning for
the hearing OF the petitions OF the stock
holders / shall ask the attendance in
person OF Mr.. Runnells and Receivrs
Greenhut and Lawrence"
Mr.. Runnels bowed and Attorney
Levy Mayer representing the anti
Greenhut party asked that an order be
entered restraining the receivers from
disposing OF any OF the property or
funds of the company. Mr.. Runneis
did not object and Mr. Mayer handed a
typewriter order 10 the court which
he wished entered Mr.. Runnels hav-
ing read IL objected and the Judge
seemed doubtful about entering it but
MIR. Mayer wished 10 leave IL with the
court who should modify IL as he saw
fit.
receivers was taken up and IL was
agreed that the distilleries OF the trust
should be operated as usual Attorney
Peckam wanted to know IL the Schu-
feldt distillery could discount It's paper
as usual up to Saturday. but the court |
said no.
BOTH SIDES SATISFIED.
Runnels and BURY say that their elf |
ents are actually the receivers Of the
company and that they are perfectly
satisfied with the state OF the case
On the other hand. the opposite side |
says that Greenhut and Lawrence are |
receivers IN name only and that TO /
make them real receivers the property |
must be turned over to them formally /
by deed
At the conclusion OF court Judge
Grosscup wrote an order in which he
restrained the receivers from doing
anything except to conserve the prop
erty until after the hearing on Saturday
He further ordered that '-alI
of record. and holding
duly assigned certificates of the stock |
Of the date of the appointment Of the
e-ceivers and prior thereto. shall have
access 10 the books. documents and |
papers OF the Disuilinx and Cattle !
Feeding company for inspection. either |
by themselves or counsel. under such |
reasonable supervision as viii insure
he security OF such. and that upon the
application OF stockholders OF their
counsel for the production OF such
BOOKS. etc. in court at the hearing here
n assigned. the same be produced with
Dut further order OF the court Ii As
urther ordered that the interventors
lave such subpoenas from the court as
nay be necessary to secure the attend |
,nce OF such witnesses as they NAV de-