Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-08-08
THE BRILLIANT MILL TROUBLE.
The Allegations of the W. eeiiog Parties
in the Application for the Junction

Al New Philadelphia, OHIO, Judge
Dcnthitt has granted the injunction APP
Piled Tor by Judge Speidel, Geo. K.
Wheat, and other local stockholders OF
the Brilliant Tube and Pipe Works, and
Joseph r. Jackson and Thomas Hack
EFT are restrained from operating the
works and from disposing of any of the
property, while the Tennessee Coal and
Iron Company IS also enjoined from re-
moving any OF the property in contrc-
versy.
The petition recites that Joseph Spei-
del and Geo. X. Wheat have demanded
a statement Of the receipts and eXpen-
ditures from Jackson and Hackett and
have been unable to obtain the same
and they have endeavorsd to have d.
rec;Ors' meetings held but because OF
w. F. Sdfel beng in Europe and the
said Joseph r. Jackson and Thomas
Hack5,J refusing 20 attend a meeting
of said board, the said plaintiffs have
been unable TO have a meeting because
they were unable TO obtain quorum.
That Jackson and Hackett fraudulently
and Surrept!tiOusiy and without notice
10 the other membars Of the board and
without authority have been shipping
away the product CT said plant, the ma
ter!ai for use at said plant. and some
OF the machinery and material bought
FOR use at same; that certain rolls and
carloads CT scrap irCn have been so frau
dulently sold to the Tennessee Coal,
Iron and Railroad Company. with in
tent 10 prefer the said company as a ere
ditor 10 the injury of the other creditors
and the Bank Of Wheeling and TO the
INJURY o. the plaintiffs as indorsers en-
the notes held by said bank: that the
said Brilliant Tube and Pipe Works has
been operated in full by said company
erer since said company began opera
tons IN December. 1895, until July Sd.
1896, when said mill was shut down by
the said Jackson and Hackett, without
direction from said beard of directors.
nat jackson and Hackett on the Sd
day OF August, 1896. fraudulently and
sHrepdtiously caused to be filed with
the probate judge of Jefferson county.
O1io, an instrument of writing. by which
theyN the said Jackson and Hackett pro-
posed 10 assign TO John S. McMasters
oil the company's property; that the il
-rumsnt was written without author
i'y, consent or knowledge of the board
or the directors. That the said John S.
McNlasJers, to whom such assignment
was sought TO be made. is the son-in-
law of said Joseph r. Jackson that he
Is wholly Irresponsible that said instru-
ment was executed in the night season.
and filed with the probate judge at 1
o'clock in the morning, and plaintiff al
leges upon belief. that it is the purpose
Of said Joseph R. Jackson and Thomas
HGckett to have the said property sold.
and that if said property be sold at the
present tine, it would entail a great less
10 said company, and to the stockhold-
ers therein, and would work irreparable
injury TO the stockholders and creditors.
The action of the West Virginia court
is reci,ed, and the plaintiffs asks that
the company be declared insolvent and
a receiver appointed in the person Of
Howard H2zl=t, No receiver was ap-
pointed by Judge Dcuth.tt in response
TO a request from John NJ. Cook asking
that action be postponed, and the hear
ing Of the receiver was set for Wedn4s-
day.