The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-10-21
ALLEGED CON.
TEMPT OF COURT
BY AddIGks, KiIilng'r and Attorney
Chandler.
TaE BAY STATE Gas CVy9AH!
Argument in the United States
Court To-day, Asking for an
Order toRevoke and An.
null the Appointment
of a Receiver. f.
THE BAY STATE Gas GVy'AN!

| w non Judge WalnS took his ~
| bench in tho United Ss.oJs Saat on the
! morning, every seat in the room ry'urt this
and with the lawyers rnl were at least
| thirty Prominent lawyers.
Rogers Foster Of N3w York asked for<s
stay of the motion to revoke the gD,pVa.slY,a
ment Of receiver for the Bay II Xxx Hs" HaS
| Company He also asked for an Ula oo qi39f
| the arrest of j. Edward Addcks, Charles
| II. Kittinger and Attorney Parker @.
| Chandler for contempt of court. The all
| legged contempt consists in the carrying OK
| of certain books papers and ol1ics furni.
turo which are in the hands of tho receiv-
cra, and circulating reports in the pub
press which make the most snagrant
Of contempt known. =
He maintained that Mr.. Addicks lad
been hidden AWAY in his room n the Hoff.
man House, New York. uHi until this
morning thereby avoidel~ the services Of
the papers in the case.
l.. Mr.. Chandler on Sunday afternoon re-
ceiyed number of newspaper IN On at the
Hoffman House and gave them tho
statement winch appeared IL the papers
gu Monday and which accused Mr.. Higgins
of being in the case through political
motives.
The interview was given in Mondays
REPUBLICAN. 1t was charged against Mr..
kittinger that he boosted of having as
sisted in carrying off the Office furniture
in this city together with the books and
papers.
The statement was published in tho
New York Journal and tho manager gave
the name of the correspondent in this
city. He refused this morning to
WpE9 an nii!lpYlt to the effect that Mr..
kittlnG6r told him and denied IN court
that he ever told any person that Mr.. Kilt
finger did say certain things II tho ar
gumcnt is allowed to g. on Mr., Aldicks
will skip away and We will not BE- able to
get the books Of tho company. lie should
beplac2i in the custody Of the marshal or
placed in the county jul so thai the proper
documents can DO secured.
Mr.. James Carter for the company denied
the right of the other silc to block the ar-
4umcnt Tor the revolving the appointments
Of the receiver and Judge sWalcs granted
q rule returnable tomorrow at 10 o'clock
when Mc5srS. Addicks, Kittingcr and
Chandler will be charged with cJntempt
Of Court.
Mr.. WlId moved that the order for the
appointment Of IL receiver be reviewed, re.
vOktd and annullcd.
Mr. Higgins for tho receivers wanted
time, as they wanted TO inspect the a1li-
ddvits
Mr. Ward stood upon the practice in
this court and claimed that ~ the receiver
was appointed without notice they could
now proceed with the argument
Mr. Foster objected to the proceeding of
the argument because the other side had
NOS an opportunity to examine tho
uilil;Iits
Tbs. court ruled that ample tma would
ho given tothe attorneys for thu receivers
and the argument pfoc2cdad. Mr.. james
Carter opened the case and said he felt
that this proceeding WAS brought against
this company for reasons other Than those
embodied in the bill Of complaint.
He felt that the court would deal fairly
with the case regardless of the cxJraordi-
nary statements made by Mr.. Foster. He
reviewed at length tho meaning of u res
ccivcr. He maintained that III, present
plaintiff Is no creditor of tho com lany and
therefore is not entitled to n receiver The
aitlavits showed that there arc no cur
rtn5 debts
There is no creditor cinmoring because
the company is solvent anu there arc
abundant a sets to meet all Indebtedness
when tho bonds b2como due on May l.,
lSgl
The next ground for the appointment OF
the RECEIVERS that he has right to como
into court and examine the income of the
company, The alleged misconduct on tho
part of the directors Of the company was
the next ground and was not proper in
this ease. The court was asked to deny
the company tho right to do what the !
State gave the right to do uadcr its >
charter.
The Bay State Company Of Massach1s
sets could only hold S5OJ,OO Of stOCk/and
transferred IL bond OF Sl,5lOU DJ tnf tho
Beaten Company and then to tblo Bay
State Gas Company Of Delaware. ITo
claimed he represented stoCkh0ilers who
held two shares to every one hrhl by Ad-
dicks.
The bill Of complaint strings forty al
legations Of fraud and docs not define any
fraud. Any allegation in tho bill not sup
ported stamps tho complainant as Il ca
lumnintori
Mr.. Carter reviewed the buying Of tho
Boston Gus Companies and She formation
of the company i'll Now Jersey and Della
ware.
Hcrcviawcd tho cutting down Of tic
price of gas in Boston ut 4 loss Of s.. 900
to the stockholders
The Massachusetts Legislature passed
an act that tho Bay State Gas Company
had either to cancel the bona or go out OF
existence. A recess was tu!inn for an
lOur