The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-04-02
TO ANNUL A CONTRACT
PETITION BY RECEIVER M'NULTA,
OF THE WHISKY TRUST.
Effort to Head on u Suit for S55O,OOO
Instituted by Nelson Norris
Grccnhut Interested.

CHICAGO, April General McNulta, the
receiver of the Whisky Trust. filed lengthy
petition in the United States Circuit Court
to-day asking that the Nelson Morris slop
contract be annulled by the court. In his
application General McNuta AYERS that
President Greenhut, of the Trust, is a part
ner with Morris in the contract, though
the contract purports to have been made
solely with Morris. The receiver also
charges the contractors with having failed
to make just report of the profits OF
the business and says that an accounting
will show that they are indebted to the
Trust in a considerable amount. The re-
ceiver desires to have the contract declared
Illegal for the purposes of heading off
suit for s550,Ooo which Morris has instituted
against the Trust The contract was made
on Feb. "a. 1892 for a term of three years.
It's conditions were that the Trust was to
provide ample barn room for all
the cattle that could be fed
at the distileries named in the
contract and that it was to furnish for each
head of cattle so fed, amount of slop
per day, as derived from bushel of
mash. Morris agreeing to pay the sum of
6 cents per day for each bushe1 of the slop
during the period from Oct. l. of one year,
to June / of the next. No charge was to
be made between June / and Oct. !. In
stead, the contractors after deducting all
costs of feeding the cattle and IS per head,
was to divide the profits above that sum
with the trust and for such division was to
receive all slop free between the periods
named. The trust was to notify the
tractor in advance of the amount of grain
to be distilled at each u.stillery from Oct.
/ to June l, so that he could arrange to
have in the barns all of the cattle required
to consume the slop. If at any time the
sdii~ Hers shut down or could not supply the
amount of slop needed the trust was to
provide sufficient supply of meal and
water for the feeding OF the cattle
After setting forth the contract and the
distiIleries named in the contract, which
were the National, Great Western, Man
haitian Woolner and Monarch, at Peoria;
the Wabash. at Terre Haute the CONSOLE
dated, at Cincinnati the Missouri, at ST.
Louis; the Riverdale and Calumet, at Chi
cage: the. st. Paul, at st. Paul. and the
Willow Springs, at Omaha, the receiver
points out that the contract was authorized
ing of the board of directors, held at Chi
cago on Feb. 2. 1892 and that the legal
place of meeting was at Peoria; that
Gpeenhut was the president of the board
at that time and Morris was director.
The receiver points out the peculiar meth
odS used in making the contract. The price
of the slop fixed in February, to
take effect the following October, and con-
for period of three years, without regard
to the price paid paid for grain, Furthermore.
the same at all of the distlleries,
though the price of the slop varied at the
different places, according to the local con-
d.tlons. At some points it was worth Z,
At others and others 10 cents a bushel.
By the terms of the contract the trust was
compelled to keep its distilleries in opera
ton in order to furnish the requisite amount
of slop, without regard to the condition of
the market and the demand for the making
of spirits. The distilleres had not been
started up last year until December and
Morris now has suit pending for S550000
trust to open its distlleries in October and
furnish slop to him. The receiver says
he has grounds of recovery against Green
hut and Morris for the amount unpaid or
received by them on account of the feeding.