The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-31
appointment of Receivers Alleged to
Holders of Only LOO Shares.
NEW WORKERS TO BE HEARD
WILL ASK THE REMOVAL Or GREEN
HUT AND LAWRENCE.
Action at Cincinnati and Terre Hautc
Jacob g. Kolsem Appointed Re-
ceiver mt the Latter Place.

CHICAGO, Jan. 30.--Auxiliary receivers
were appointed for the Distilling and Cat
tie Feeding Company to-day in number of
States. This afternoon Judge Grosscup
granted stay of proceedings in the Whis-
ky Trust matter until such time a hear
ing in the receivershp case can be had.
The stay was granted on application of
Levy Mayer, representing the stockholders
committee. The order stays all proceed
ings except to conserve the property until
the further order of the court. Levy Mayer
and Mr.. Blur, the latter of New York, and
Richard B. Hartshorne, appeared in Judge
Grosscups chambers shortly before
o'clock. Messrs. Runnells and BURY were
also present Mr. Mayer presented petit
ton to Judge Grosscup asking for the stay
in the proceedings until the court shall dis
pose of motion to remove both Mr.. Law
renee and President Greenhut receivers.
Mr.. Mayer stated that the application to
the court had been made on behalf of hold
of only 100 shares Of the 100000 shares
of the capital stock of the company and
that the nominal holders of these LOO
shares were clerks in stock brokers' Of
flee in New York He recites the fact that
the New York committee had asked for
meeting with the directors of the Whisky
Trust for to-day and that President Green
nut had Informed them that he could not
get the directors together before tomorrow.
Mr.. BURY made objection to the stay,
and Judge Grosscup ordered that the stay
be granted. He told counsel to come into
his chambers tomorrow before 10 o'clock.
when he would render his decision.
Replying to the criticism of his proceed
ings in the appointment of receivers last
night, Judge Grosscup said, in an inter-
view to-day that the matter conduct
-
concern, he says, were represented at the
hearing. There attempt at sup
pressing the proceedings, Judge Grosscup
declared. as the papers were on file in reg
ular form ali Gay Tuesday, and could have
s ife not py for ha an APPLICATION of
this kind to be made out of court?' he was
asked.
BOTH SIDES REPRESENTED.
mo, 1t is done every day. This was
proceeding brought by the stockholders of
the Whisky Trust and both sides were rep
resented. Runnels & BURY appeared for
the stockholders and John s. Stevens. of
Peoria, attorney for the Distiiling and Cat
tle-feeding Company. appeared for the de-
PENDANT corporation and consented to the
appointment of the receivers"
Are receivers appointed as matter Of
course on such an application, If the cor
poratlon consents?"
Yes provided the bill presented makes
out a case for the appointment of receivers.
In this matter there was no question. TIE
company was shown to be hopelessly ia
the country, and that serious loss to the
stockholders would ensue If the property
A United States Court was Selected instead
OF a State court because of the fact that
the property Of the trust is scattered all
"Who suggested the names of Mr. Law
renee and President Greenhut?"
renee 1 have known Mr.. Lawrence a long
time, and know him to be a man of char
acter, ability and integrity, and so l APP
pointed him. 1t Is necessary always to
have a man who is familiar with the bust
ness affairs Of the corporation as one of the
Greenhut, and named him. 1t has since
been intimated that motion would be
maae M h rem fbot b as re-
any way responsible for the mismanage-
ment of the affairs of the trust, of course,
since that Mr.. Lawrence is a fellow-director
with Nelson Morris In some corporation"
''Oh. that is it, is 1t? That point is of no
consequence. The. steps taken are merely
the beginning of the proceedings. If other
parties in interest have anything to COM
have the receivers removed and new ones
proceeding to conserve their rights The
appointment of the receivers is the first
step IN the lawsuit
- THE JUDGE FORGOT.
1.-THE reason that this application for ap-
pointment of receivers was made at my
house." continued Judge Grosscup was due
to this circumstance: On Monday Mr..
BURY came to me just after court had adj
journed for noon recess and asked me to
hear an application for appointment of
receiver. He did not say 1t was the Whisky
Trust, and did not know what company it
was. / did not want to hear it, as my mind
was full of the Debs trial now on, and
told Mr.. BURY to apply to Judge Seaman.
He said Judge Seaman could not hear it,
and dnally made an appointment with Mr.
BURY at my chambers for 4:30. just after
adjournment of court. Court adjourned at
420 and / forgot all about my appoint-
ment and went home. l took my usual
horseback ride, and when l returned to
my home / found the gentlemen there.
The bill for the appointment of receivers
and the order of Judge Grosscup naming
Mr.. Lawrence and President Greenhut, lay
in the Office of Clerk Burnham of the
United States Circuit Court from l O'Clock
on Monday night until o'clock yesterday
Ssa sas c ssn Clerk e %
of Mr.. Burnham's Office, .'to keep the mat
ter quiet until 1t should be made public
through the clerks office for the Southern
division OF the Northern district at Peoria
1t s not unusual thing to accommodate
attorneys In this manner, when both sides
desire It, but of course, never when the
bill suit is matter of record in a
court. unless service Is not had on defend
ants, when we are allowed one day of sup
preston for service. In the case of this
bill IL was not of record in our office in
Chicago. We accepted IT for the Peoria
us to make it pubic. Judge Grosscup has
Jurisdiction over both offices as has Mr..
AwarnetV