The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-23

der possession Of TIRE property % that c0H7-
pany, aid asking for separate receiver
ship covering its interests. The petitioner
recgtes that II ~ a railway corporation d.
IS organized under the laws % oregon for
the purpose of acquiring and operating
railways IN Washington n the coustruc-
ton and acquisition - such roads large
amounts % bonds have been ISSUED and So
cured by a mortgage which may be fore
closed IN default Of interest The Bay
state Trust Company Is named as trustee
o. the mortgage. and that company row
claims such default. and has brought suit
% foreciose r. the eastern division 81 the
United States district court for wash
Ingfon. and the Oregon Railway $avi-
CATION Company and Edwin Mcneil. irs
receiver, are made defendants. The Trust
Company. the petition states. has already
FLED a petition for a receiver over the de-
PENDANTS property. a copy Of which IS at
tagned. The petitioner believes. upon ad-
vice ot counsel. and so charges the fact
70 be. that the original bill BY com
plaiBant was for The purpose Of f0recios-
ure Of only the Navigation C0mpany's IN
terest arising By lease 70 the Navigation
Company. IL II also believed that Edwin
Mcneil Is only receiver for the leasehold
interest. and he ought 10 be required 70
pay and satisfy the accrued interest. ana
has sufficient Of the company's fun7s 10
do Il: that such interest should be charge
able as part OF the receiversntp expenses
The defendant now rrays upon hearing
70 have leave 20 refer 10 complainant ;
bill filed in the United States court Of ore
gon, ordering the appointment Of Mcneil
as receiver. Uhereby Mcneil was required
20 pay by way Of rental the interest on its
mortgage debt, and likewise 70 refer 10
the bii. Of the trust company.
~ de- r. IL MS ct a
sion 20 defend the suit in so far as IL may
Tor the protection OF its right and the in
sfstence OF its demand that rentals be paid
for the use OF its properties The defend
ant claims 20 have never been served with
a process In the suit and there are other
defendants also who have not. II Is the
intention TO defend the suit Of the Bay
State Trust Company and to show that
there has been, IN fact. no default of in
teFest, and whatever default has been Oc-
casiOned is due 10 an unlawful conspiracy
aad confederation Of complainant and the
American Loan and Trust Company. as
trustee Of the collateral trust mortgage
of the navigation company. whereby the
funds OF Receiver Mcneil have been pre-
vented from being applied 10 the interest,
and 10 unlawfuily cause default IN the
payment to enable the trust company 10
bring foreclosure proceedings. that the
navigation company has reaped large tolls
extensions company has no other means
az paying tho interest.
a receiver Is asked for separate and
apart from the Mcneil reeeiFership.
and II IS asked that he may be the same
as 10 he named In the Bay State Trust
Company veceivership suit. and that Nc
Neil be- ordered 10 turn over all the prop
critics Of the defendant. including its rail-
roads in Washington and Idaho. Leave is
asked 70 apply the cause also in Idaho.
where a like cause IS pending. 1t Is also
asked that an order DC entered for an ac-
counting against Edwin Mcneil, receiver,
tho Farmers Loan and Trust Company
the Oregon Railway Extensions Com
pahy and the defendant company 70 the
end that a proper decree may be entered
touching the question of revenue now In
possession Of Mcneil as receiver.
The Oregon Railway Extensions Com
many also. as defendant In the suit OF the
Bay State Trust Company, asks for re-
ceiver. and states that the suit VIII be de-
Tended by answer therein and by cross
bill against the Oregon Railway Navi-
CATION Company and Edwin Mcneil, re-
ceiver The petition reviews the Ames
cause and the receivership proceedings In
the district court Of Nebraska in October.
1Sq3. when : H. II. Clark, oliver ". Mink,
r. Ellery Anderson. Frederick Il. Coudert
and John w. poane were appointed re-
ceiyers. and reference Is asked 10 the rec
ords I'm that case II Is alleged that petit
TONER was organized as a corporation by
the navigation company and It's ofilcefs
and stockholders as an anciilary corpora
ton. bonds We're Issued in favor OF the
navigation company and by Il In turn
hypothecated TO secure the collateral trust
loan. The lease OF the lines by the navi-
CATION company should yield a rental suf-
Gcfeut 10 nav the interest. II Is asked
that the interest be ordered paid. as osig-
lnalIy agreed by the navigation company.
II is charged that complainant desires
merely to foreclose on the property. ana
that the Ames receivers have operated the
roads In the interest Of the trust company.
and accordingly obligations should he
charreable to its interest. Ii is also
charged that Mcneil has operated the
properties in the same interest
The American Loan ana Trust com
many. the petitioner claims 4 Will show.
entered into an unlawful conspiracy with
the Bay State company whereby II was
agreed that the receivershtp revenues
should not Zoe made chargeahle 10 tho
lcasehold obligations, and that no euort
should bc made 10 pay the rentai IN oIder
20 bring about default Of interest Inc
uotitioncr believes that Mcneil has AT al
times had sufficient funds in custody 10
,o, tho interest. and Il IS believed that the
bonds issued hv petitioner and those nn-
Der the collateral trust mortgage, are
largely held by the same persons. ana me
American I.oan and Trust Company holds
them both asColia teral. \ co-receiFefshlp
MIN tna N.st IS accordingly asked
The Washington & Idaho Railroad COM
ranv. an Nncnlary corporation 70 the EN-
tensions company. nied similar petitions.
by Zera Snow. It's counsel.
Judse Hapeovd issued an order upon IL
ulp Mcneil. receiver. TO show cause why
tpn ,etitions should not be granted. and
sot the hearing for November 26