The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-23
TULNOTHAVETOPAY
MARS to Seattle Enterprise"
Get Of With Costs.
re DEBTS REMAIN UNPAID
-. RelIcs of Dad Newspaper I'm
euurt-Burglar Williams Convicted
Experts Begin Work.

90 historic case OF q. l.. Faust. as
--s.sxer Of the Seattle Enterprise Publish
- roruoany, against H. r. Jones, VIII
- Murray. JgniUs Rochester and eighty
-. cther defendants. al action 10 collect
..srea subscriptions on stock, came 10
= ed in Judge LangIeys court yester-
= Afternoon By the defendants agree
= - 5ay their own costs and the plain
~ usoging 20 dismiss. The contention
S,<s from February q. 1881. when the
.eesser made demand on each Of the
ksscsanfs for q balance said 20 be due
!. unpaid subscription 10 the capital
rara OF the Incorporation.
ne publishing company. which was In
serDorzte6 April %. los. by W. f.. Lock-
"a II. r. Jones, J. c. Masei. a. W
pssr and ]. +. Mcdonald. was sup
.aee6 70 have capital stock OF 81, dao,
xvsdsd into shares Of s5 each, and the
rsnerous defendants. IL was alleged, had
ssbscrtbed 10 the stock The company
su sued In fsse by Palmer A. Rey, type
sssnasss. who recovered q Judgment for
rM. and In 1871 by Arthur Piper, who
,rsasereG a judgment for s3.040.4G. Pre-
yt,ssiy the company had wholly aban-
ksusi It's business, and In January, 1891.
t.sssd into the hands OF the receiver.
So IF9GEAA tic dLtlDD anu
iusxnent against the stockholders ia tho
,s.ai amount OF the two OUTSTANDING
tnis
some OF the many defendants claimed
.,ssr 70 have subscribed TO the corpora
tsa AZ ALL while others admitted having
attributed. but without the intention OF
kconing stockholders. The latter class
gdsfeHdants answered substantially as
SOUS:
That some time In 1883 defendant made
voluntary contribution OF a small sum of
nonsy, the exact amount being unknown.
nH r. Jones, who was representing the
earsaay, for the purpose OF enabling
yeass 10 get a start; that the contribu-
t.ss vas made with the distinct under
sssalag that the donor was not 10 be
ffscriber TO the stock, was not TO have
Gay interest whatever In the company.
snt Eas not 10 be liable for any OF Its
csbss"
Il was further answered that OF the
erginal LOO shares only $40 had ever been
Subscribed. and that nearly one-half OF
he capital stock had not been subscribed
o. all.
( When the case came before the court
fhe complaint was hammered 10 pieces
by successive onslaughts by the attorneys
for the defense. who compelled the re-
celyer TO amend. and 10 amendS In the
meantime the Defendants became scat
tered. some OF them died, and one. James
Murphy. went 10 prison for the murder
OF Phi Dave. One defect in the CON-
rlAint was that the receiver had neg
iected 10 join all the proper parties de-
PENDANTS, and the result has been that
The case was a long time coming up for
final hearing. and when II did the amend
81 complaint was only remnant of the
original
This feature OF the case, no doubt. in
daced Judge Langley yesterday. when he
heard thar one OF the defendants had
died. TO ask IL he had succumbcd TO this
eomplaint7"
Yesterday the court. after listening to
argument sustained a demurrer To the
eemplaint on the ground that * did not
vste facts sufficient TO constitute a cause
4 action. and after a consultation the
fsmissal above referred 10 was agreed
ison.
Among the eighty-five defendants are
. be found the names of S. III. Piles.
caaey brothers. Fred II. Peterson. J. Il.
Ne,calfe, Charles Il. Munday. James
Hamilton Lewis. l.. c. Gilman, Charles 7,
Terry, b. i. Day. /. J. Lichtenberg. r.. s.
Osborne and r. Petkovits. some OF whom
cay that their names were added 20 the
rel Of stockholders without their knowl-
edge. and that the first intimation they
had that they were at all connected with
Ire Gefunct paper was when the receiver
demanded that they pay up their "cani-
al stock Both Democrats and Repub-
hans found themselves In the same stu
alton. Yesterday one of the attorneys de-
cared that "the Democrats party was
co trial" bat the Republican defendants
we're unable 10 see the matter In that
lght.
The Enterprise was started In the sum
neF OF isSS. and survived few weeks.
Frank Mussettcr was editor. and Col VIII
!. Yisscher humorist. Both were very
prolific writers. and IA consequence there
vas not much news In the paper. IL was
Democratic IN politics. and I'm local al
fairs was the organ Of all soreheads, from
re man who wanted church bells silenced
% him who had a grievance against the
ca!sf Of police. Editor Nussetter had SO
naeh italic type IN his editorials that the
biographical union charged price and n
saf FOR the composition. Nisschsr en-
caagored 70 report water front news IN u
humorous style. and was soon persona
noa grata on the docks. The office OF the
paper was In the old Stetson-Post block.
CT Front street. and one night the weight
CT The press caused the side OF the build
hg to bulge out 80 that the whole force
81 for their lives. The paper was finally
klea By that remOrseless enemy or news
papers with mission--the typographical
Hasoa-R hose members struck for their
ray.