The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-08-08
IN TWO STATES
The Wheeling Stockholders In the
Brilliant Tube Works
TRYING TO UPSET TIE ACTION


Tho fight of the Wheeling stockholders
of the Brilliant Tube and Pipe Works to
knock out the Snapshot" assignment
OF the company In tho probate court OF
Jefferson county, Ohio, last Monday, is
getting decidedly warm. Here In Wheel.
Ing, before Judge Paul, oil the circuit
court. the Wheeling people have secured
an injunction, AZ detailed In yesterdays
lntclllgencer. and secured the appoint
ment OF n receiver In the person OF Mr.,
Edward Hazlctt -
Yesterday. ut Now Philadelphia, At
toncy Dunbar. OF Stcubcnvillc. repre-
Jentlng the Wheeling stockholders. APP
peared before Judge Douthltt, OF the
circuit court. aud secured an Injunction
similar to that given by Judge Paul.
AT tho same time an application was
made for the appointment In that court
Of a receiver, suprrcedlpg the assign
mcnt. the judge declined TO appoint n
receiver until the other side IL heard
next week,
a telegram from Steubcnvlllc, re-
ceived last night, tells OF the action
~ 'NASA' ouhhO D'ANlllANH ~ 70 80
follows:
Hon. J.. Dunbar, who represents the
Wheeling directors and stockholders, re-
turned from New Philadelphia. yester-
day afternoon, where Judge DoutlIltt
granted an injunction In the case OF
Joseph Speldel. George X. Wheat and
the Bank OF Wheeling vs.. the Brilliant
Tube and Pipe Works. a corporation un-
der the laws OF West Virginia, j. Il.
Jackson, Thomas lInckett. w. II. SImp-
son, William L. Stifel, John s. McNlas-
terra and the Tennessee Coal. Iron and
Railroad Company. Il corporation under
the laws of Tennessee, restraining
Joseph r. Jackson and Thomas Hackett
from operating the works or dlspOSlng
OF any of the property, and that the
Tennessee Coal. Irunrand Railroad Com
pany be entolncd from moving any OF
the material alleged TO have been pur-
chased by them.
The petition recitGS that Speidel and
Wheat have demanded n statement Of
che receipts and expenditures from
Jackson and Hackctt and have been I'M
able 10 obtain the same and they have
endenvored u have directors meetings
.Jcld but because OF w. +. Stifcl being
In Europe and the said Joseph Il. Jack
son and Thomas IIackett refusing TO at
tend n meeting Of said board, the said
plaintiffs have been unable TO obtain n
quorum. That Jackson and llackctt
|fraudulently and surrcptltiously and
without notice 10 the other members OF
the board and without authority have
been shipping away the product OF said
plant, the material for use at said plant,
and some of the machinery and ma
terlal bought for Use at the same; that
certain rolls and carloads OF scrap iron
have been SO frludulently sold to the
Tennessee Coal. Iron and Railroad Com
pauy, with intent TO prefer the said COM
pany as a creditor TO the injury OF the
other creditors and the Bank OF Wheel
Ing and to the injury of the plaintiffs as
indursers on the notes held by said bank:
that the Brilliant Tube and Pipe Works
haS'heen operated In full by said COM
pany ever since said company began
operations In December. 1895, until July
3, 1896, when said mill was shut down
by the said jackson and lfackett, with
out direction from said board Of direc-
tors. That Jackson and Hackctt on the
3rd day OF August, 1896, f~raudulently
and surreptitiously caused to be filed
with the probate judge Of jefferson
county, Ohio, an instrument of writing,
by which they. the said Jackson and
Iiackctt purposCd TO assign to John s..
McAfaSters all the cnmpany's property;
that the instrument was written without
authority. consent or knowledge OF the
board OF directors. That the said John S.
McAIaSterS. to whom such assignment
was SOught'to be made. Is the S0n-in-law
OF said Joseph II. Jackson. that he Is
wholly irresponsible, that said Instru-
ment was executed In the night. and
filed with the probate judge ut 1 o'clock
In the morning and plaintiff alleges.
upon belief. that 1t Is the purpose Of said
Joseph r. jackson and Thomas Hackctt,
10 have the said property sold, and that
II said property be sold ut the present
time. 1t would entail n great loss Ia said
company. and to the stockholders there
in, and would work irrcparable injury to
the stockholders md creditors.
Last night the I"nt-lliGcncnr received
the following from President Jackson. OF
the Brilliant works:
There has been no III feeling among
the stockholders TINT ] know Of: no
row about policy. | have found the
members pleasant and agreeable per-
sons to meet. The point was simply
this, nothing more, nothing less: There
was a $500 payment due on mortgage;
the owners of the mortgage refused to
extend: there was no money In the treas
ury to pay 1t, no money to continue
business. so we concluded the only thing
that could he done would be to quit. We
put the works In the hands Of an as
slgncc to wind the matters up. l am
about the heaviest loser"
.H