Eagle River Democrat. [volume] (Eagle River, Vilas County, Wis.) 1893-1896, 1895-06-17
TRUSTS DEATH KNELL.
Illinois Supreme Court SuStainS the
Custer Of the Lower
Court,

court Of Illinois today fled its opinion in
the case of the people against the Dis
tilling and Cattle Feeding company. The
judgement of custer entered by the lower
court is affirmed. The effect Of this de-
cision will be to break up the Whisky
trust
Chicago, ILL.,, June 13.-Receiver John
AcNulta was not inclined to discuss the
| Whisky trust decision, but asserted his
| intention to hold the trusts property at
any cost. The opinion had been expressed
| that in the event of a decision such as
| was renderd today the trusts distilleries
| would revert to the original owners, some
| of whom had expressed the intention of
| Selling the plants.
1 don't think the decision will result in
any immediate change of hands for the
properties" Receiver McNulta said, ''for
l intend to hold to all that | have charge
of as an officer of the court"
Deputy United States marshals have
| been on guard at the various distilleries
for some time and sturdy resistance will
no doubt be made to any attempt to seize
| the plants.
acknowledgements Views.
Acknowledgement Moloney, speaking of
the decision, said: '"The Supreme court
! practically holds that the Distilling and
| Cattle Feeding company is trust and
that as such Judge Gibbons of Chicago
] u1u TlSnt III lFOUOuuCl0S d JuuSu0uI. Oh
! civil death against it.
| The Supreme court also decided that
| thel attorney-genral was right in his views
| of the law regarding the matter and that
the Distilling and Cattle Feeding COM
| pany is no more han continuation of
| the old Distillers' Cattle Feeding trust.
''The decision" Mr.. Moloney said, lis
one of the abest opinions ever delivered
by the Supreme court of this state In
| no uncertain language it sounds the death
! knell of trusts in this state forever.
| On every point on which l made a fight
| l was sustained"
Attorney Levy Mayer, representing the
reorganization committee, regarded the
decision as victory. eve have been anX-
| ously waiting for this decision" he said,
and are highly pleased that it has come,
and come in the way of an affirmance.
| 1t removes all obstacles from the way of
| the reorganization committee and makes
reorganization now matter Of but
| few days. Attorney-General Maloney
| has done most excellent work. We were
associated with him in the preparation Of
| the information and took part in the early
! stages of the argument before Judge
! Tulcy We saw in the proceeding the
only opportunity at the time of getting rid
Of the management of the officers in
power
! The Supreme court decision affirms the
| judgment of custer rendered by Judge
| Gibbons. The effect of the decision is to
| deprive the company of the right to con-
| tinue business. The statute, however, of
! this state makes express provision for just
| such 4 case as this. it provides that the
| corporation shall continue its corporate
| capacity during the term of two years
| for the purpose of collecting the debts
| and claims due the corporation and sell
| ing and conveying the property and eff
| fects thereof. The law also provides that
| the corporation shall have the right to use
| it's corporate name for the above purposes
! and that it shall be capable of prosecut-
| ing and defending all suits at law or in
| equity Receiver McNulta has the right
to temporarily continue, the business until
| an advantageous sale can be made of the
! property. The Supreme court decision
| makes a sale Of the property which is
! now in the hands of the federal court re-
| ceiver inevitable. It is this sale for which
| the reorganization committee has been
striving might and main ever since Mr.
! Greenhut was removed from the receiver
| ship. There can be now no successful
| filibustering or obstacles interposed to the
| sale of the property, for which our petition
| is and has been ready for several weeks.
| We know of nothing which more salts
| factorily facilitates the purposes Of the
! reorganization committee than the deci-
sion just announced by the Supreme
court. This is the greatest triumph thus
far of the plans of the committee.
War1ike Preparations.
Receiver McNulta spent the day in MAX
ing warlike preparations which indicated
that serious trouble was expected from
the former owners of the trusts distiller-
les. A large force of deputy marshals
was sworn in during the afternoon and
distributed among the various plants. The
receiver also secured a stock of sky
rockets and supplied the deputies with
them as signals to be used at night in
case the telephone wires should be cut.
The receiver refused to talk Of the posi-
bilities of trouble further than to say that
he intended to hold the distilleries at any
cost and wished 20 be prepared for emer-
gencies.
Peoria, ILL.,, June 13.-Fifteen more
deputies, all Peoria men, were sworn in
today for duty this Afternoon at distilIer-
les making a force of thirty altogether
now engaged in guarding Peoria distiller-
les. Edward S. Easton, one of companies
that leased Manhattan to the trust says
Mr.. Greenhut speaks for himself and not
for other PeorianS whose property passed
into possession of the trust. Mr. Easton
is content with present arrangements and
says the litigation will be matter for
further consideration.