The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-14
THE WHEELERS' WAYS
Thew Come in for a Scoring
From Judge Langley.
HowTHEYwoRKEo PACIFIC MILL
rs.ssy Case Thrown Out OF Court-Ar-
eurnent on Knot Saw Law-Mrs.
Browns Claim TO the Hogs.

yudse Langley handed down decision
vsxtsrday afternoon regarding the middle
h the Pacific Manufacturing Cosnpany's
srsIrs that has been dragging along for
,ssa, yesr. IN which ne speaks in any,
.sinr but complimentary manner OF n
~ and /. IT. Wheeler, and says they
.rposei on the court.
Judge Langley found that for about ona
year prior 70 the appointment OF rece!v-
o. Of the Pacific Manufacturing Company
H Wheeler was a trustee OF the COM
many ard also president Of the CONNER
cal National bank. He induced the
Port Crescent Mil Company To
bring suit against the Pacific
Manufacturing Company and to re-
tain L. II. Wheeler, his brother. as attor-
rev Christ Kuppler was appointed re-
csIver through his influence, although
Euppler was ignorant Of legal affairs and
strongly Influenced by H. w Wheeler
H. ". Wheeler told Kuppier that l.. II.
Wheeler would act as his attorney. and
without further ado l.. III. Wheeler pro-
ceesef 70 act. Judge Langley says that
ias selection OF the receiver and OF his at
fsrney was made by Wheeler that the
Commercial National bank mbght infiu-
sncs and control the management, and
that the bank might secure a preference
and undue advantage over other creditors
August q. 1893. the receiver obtained rxr-
mission 10 insure the property, and ala
% for $4,000. The policies were issued to
KuppIer. bat without permission OF court
were indorsed over 10 the Commercial Ma
thai bank. February IL. 1894. the mill was
partially destroyed by ere, the loss being
adjusted at a.13G.ss The Insurance COM
paEies required. before payment, that
flint receipts should be executed by the
receiver aud bank, and on the banks Pc
tition tho receiver was instructed on
March IS. 1894. to join In the receipts. Cen
flnuing, the Judge says that as a matter
Of fact AZ the time Of the loss the bank
had no interest except In the factory
buildings, machinery. steam pipes. ware
house and carpenter shop and office fix
lures the total loss on which was sa3s.s3.
AT the time Of the fling and hearing
Of the petition" says the Judge. ''it Was
known 10 the hank and receiver and tos l..
H. Wheeler that the hank had no right
70 any money except 1888. and II was
owing 10 the influence OF II. w. Wheeler
over the receiver and his attorney that
no defense was made. T.. II. Wheeler. by
interest with II. w. Wheeler. permitted
and caused the court 10 remain In ignor-
snce Of the true facts regarding the insur-
snca. and thereby 10 order the joint re-
ceipts March II. 1884, the insurance
money, N.l9G.Ss. was paid 10 the bank"
The receiver. without leave OF court,
paid his attorney, l.. II. Wheeler, $as.
whereas Judge Langley finds $40 a rea-
sonable compensation. BY the exercise OF
power OF sale and the sale Of lots l, and
g. block II. Days Eldorado addition, made
pursuant 10 a power held by u. T. Den
ny. as trustee for the Commercial Nation
al bank. and for the Pacific Manufactur-
Ing Company. and pursuant 10 an order
from court. the Commercial National bank
became the owner in fee simple or the
property.
The receiver In selling personal prop
erty made a mistake and sold machinery
and engines 10 George Grow & Co. bel.ev-
Ing the property belonged 20 the Pacific
Manufacturing Company. when in truth
Il belonged 20 the Commercial National
bank. Grow paid the receiver $50, but
never received tho equivalent. As 10
mortgages. the court found that there
Was SIS duo the bank from thu Pacific
Manufacturing Company. In conclusion
Judge Langley finds that the bank WAS
not entitled 70 any insurance money ex-
cept SOS. n, and orders that the balance
be repaid to the receiver. with interest, for
tho benefit OF the creSitors. The bank
r. also declared not 20 be entitled TO any
money paid on writ= Of punishment. Tho
creditors are entitled 10 an order compel
ling l.. III. Wheeler 20 repay all the money
he received as compensation as attorney
except ta5a Grow & Co. are entitled 10
an order on the receiver for s155.