The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-13

Chicago, April 1.-THE properties or
the Whisky Trust Will be sold TO the
highest bidder. Judge Showalter OF
the United States circuit court in an
order issued today. admitted that the
trust no longer had a legal existence
Its board of directors were charged with
having deserted its trusteeship, that IL
had no quorum and any election OF new
members of the board would not en-
able them TO re-acquire the property
from, the receiver. The court directed
that the receiver sell the property.
and that the proceeds be distributed
among those entitled thereto The at
torneys for the Greenhut faction ana
for the stockholders consented 10 the
action Of the court.
The bill upon which thee rider was
based was brought before Judge Sho-
walter at O'Clock. 1t was anappllca-
ton for a receiver by Stephen b 30
her of New York, owner of 500 shares :
ID. c. Bennett of Albany, y. Y, owner
of 200 shares. and Hugo Blumenthal OF
New York. owner OF 500 shares Of the
stock of the Distilling and Cattle Feed
ing company.
Il cannot tell you what inflence there
is behind the fling of the bill. SAID
Anthony Gresham. who represented
the petitioners, whether melted by MT
Greenhut's people OF the others ne
bill speaks for itseh.
| HOW THE TRUST DIED.
The divergence In this bin from the
original bill begins with d recital that
| the last meeting of the board OF dlrec-
/ tors of the trust was held ebruary 1
Since then the directors have abandon
! ed their trust and paid no attention 10
| its affairs it claims. the sole manage
ment being in the hands or John Nc
| Nulta the receiver. The resignation
| of Nelson Morris left the board con
sisting of Messrs. Green hurt. Hobart
! Greene. Freiberg, HenneSSey and Begs'
! On April 8. the complainants aver, do
bert Greene and Freiberg resigned
There aer but three directors left ant
the bill alleges that as they do not con
stitute a quorum that the cannot III
| the vacancies
The bill then recites that the attorne!
| general Of the state by quo warrants
! proceedings attacked the character
! the trusts and that the lower cour
held that it was forfeited, and the Is
sue is now pending before the suprem
court of the state.
ORDER OF THE COURT.
The prayer Of the bill, TO which tn
order granted by Judge Showalter ad
heres, is as follows: That by order en-
| tered herein. the said John McNult
may be appointed receiver or all In
property and effects of said defendan
company and invested with full It'll
thereto as receiver and that all the oil
fice.rS managers, superintendent:
agents and employees of said defenan
company shall be required forthwit
to deliver up to such receiver the po'
session of each and every part or IN
| Simultaneously wherever situated, and a
| So all hooks and accounts, vouchers an
| papers in any way relating TO its bu:
mess. or the operation Thereon, Tor an II
junction to restrain each and every
ficer, director superintendent, manage
agent and embloye Of said defendar
, from any way interfering with the po
session and control of said receiver owe
| said property, and that at such times
: may be found just and proper. the pro-
erty o fsaid defendant may be ordere
: TO be sold and the proceeds distribute
: among those entitled thereto.
: There was no opposition TO the bill
said Mr. Gresham after the attorney
: left the chamber.
Were the resignation Of Director
Hobart. Green and tirebug made
order to furnish the ground TOT II
charge in the bill that the board 7
longer had a legal existenceT Wa
asked.
II do not know the motivese whiC
e Influenced them TO resign, the bill SAY
these men abandoned their trusteesh
| over two months ago. j really cam
: say anything about the bill except VIII
appears in it The old trust mas
| legal existence and the receiver cam
turn 1t back to any one presumlnS
stand for it."