The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-04-27
A. B. QuintOn Quite Certain the
sSDaily Capital9
Can Not Appeal From Judge
Williams Decision,
That a Receiver for the "Capital7 Must
Be Appointed in Ten Days-His-
tory Of the Litigation.


tie Rock, announcing the appointment
of a receiver for the Capital A good
and sufficient bond to secure all inter
ests involved in the matter. viii be Of
fered the court and the case carried at
once to the United States circuit court
Of appeals.
''The decision grows out Of the suit
Of J. f. Baker for personal claim
against Major o. x Hudson, an indi-
vidua1 stockholder Of the Topeka Cap
ital company. 1t has never been claimed
that the Capital owed this debt and the
appointment of a receiver would great
ly disturb the rights Of a number of
innocent parties.
While the Capital has been annoyed
by the persistent efforts Of Bakers at
torneys to foist this debt upon it, it
feels confident OF the justice of its case
and OF ultimate success in cOntestlng
the claim in the United States circuit
court, and viii exhaust every legal re-
source in resisting it,
Judge A. b. Quinton who was one of
the attorneys in the suit for q receiver
of the Capital says that it is foolish to
talk of appealing from the decision OF
Judge Williams.
There can be no appeal" said he.
has been entered in this case there VIII
be no appeal There can be no appeal
from the order for a receiver and the
only thing that can be done now to
avoid the appointment is to pay the
Judgment 1T can be avoided i'm no
other way. Every lawyer knows that;
what I say is fact"
The history of this receivership suit
of the "CapltaI' is somewhat interest
ing.
Five years ago Major Hudson sold the
Capital to a stock company, retaining
for himself a controlling interest. The
stock was bought in good faith by a
number of people, including Dell Eei-
ger, the business manager; Harold
Chase, the associate editor; Arthur
Capper, city editor: Richard Thomas,
head bOOkkeeper. and number of clti-
zens Of Topeka not actively connected
with the publication OF the paper.
Certain mortgages We're placed upon
the plant, which. though somewhat re-
duced By subsequent payments, are
still in existence and now amount to
s4LO00 All Of these mortgages are
now owned by John r. Mulvane Win
the exception Of one for $500. which
is known as the Merriam mortga Sc.
Nfulvanes bank had $4,000 in Chese
mortgages originally and by purchase
Mr.. Nulvane has since come into pos
4
$4,000 and the r. b. Plumb mortgage
Of $4,000 A few months ago he took
possession of the Capital plant as
mortgagee and has since been running
the newspaper pending a decree of fore
closure in Judge Williams court.
Before the organization Of the Cap
ital company. Major Hudson. who a
that time had a great deal of valuable
property which would have made him
a wealthy man if faloor0-s f.7 77--f
burst. wrecl1ing his fortunes as it did
those of thousands of other people, took
out $50 900 in life insurance, and for the
first years premium gave a note which
is now in judgment in the sum of $3.50.
This note is held by a St Louis man by
the name of Baker, who, through his
attorneys here, Quinton & QuintOn
went before Judge Williams and asked
for the appointment Of a receiver Tor
the Capital plant, alleging that Major
Hudson was insolvent at the time h
organized the Capital company ana
that the transfer of that property to
the company defrauded his personal
creditors of an opportunity to collect
their dues
in granting the appointment of a
receiver, Judge Williams held that the
transfer of the Capital plant to the
stock company was Illegal. Virtually
this decision wipes out whatever inter
est the stockholders had in the prop
erty. and turns IT back again into tie
possession of Major Hudson, subject,
of course. to the mortgages which were
upon it at the tirae the deal was made.
All the mortgages named above were
then upon the property with the ex-
ception Of one for $4,000 given by the
company at a aser date 10 Nulvaae-s
bank. and which is counted ia the S56-
500 which Aulvane now holds.
The Mulvane interest asked Judge
Williams for a decree of foreclosure.
but he said he could not grant it un-
til he was within the Kansas zurlsEic-
ton. so that avenue of shutting of the
receiver is closed. Judge Williams said
he wanted all parties concerned TO
agree upon a man for receiver and for
that purpose he delayed the appoint
ment for a few days.
In the matter of a receiver Tor Major
HudsOn's state printer business. Judge
Williams said, virtually. that while he
would like to reach that with a re-
ceiver he could not do st under the law.
1t is believed that Mr.. Mulyane
would pay off the Baker note. which is
making him so much trouble but fcr
the fact that such q comprCm Sc would
not release the Capital from similar as
saults by other of Major Hudson's pri-
vate creditors
When Major Hudson became state
printer, he organized a printing com
pany and contracted with I'll tO do the
state work. He was TO receive a sal
airy Of 81 600 per month from this COM
pany, and it was to take charge Of tae
funds arising under this contract that
a receiver was asked for as we'll as
for the Capital plant. This was re-
fused and the Major stiu has control OF
the proceeds of his Official position
Baron Hirsch's Money.
Paris April 27.@The Baroness de
Hirsch widow Of the recently deceased
- -,l.sIa-. h -,-.ie.