Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-02-05
BLACK HILLS.
II. j. cunrlss APPOINTED RECEIVER

H.J. CURTlsS APPOINTED HECEIvEI,
Of the Dakota Hot Spring. Company
Both Parti Agree Upon Him.
At the adjourned term of circuit
court held last Saturday Judge Gard
ner decided in favor of the plaintiff in
the long contested Dakota Hot Springs
receivership case, and approved of the
report of Referee Schrader, with the
exception of that part concerning the
stucco property, the judge holding
that it belonged to the company in
stead of Evans and that Evans should
be credited for the cost he had been to
in it's construction.
The Judge did notcommend the bus
mess ability displayed by either party
to the action and gave the impression
that if either had exhibited the busi-
ness ability that such business re-
quired, matters would not now be in
such chaotic condition for the com
pany. He then requested the plaintiffs
and defendants to try to come to an
agreement upon some one for receiver,
and III they could not he should at once
name one.
This they decided to do, and after
quite Il prolonged attempt to name
receiver, many names being suggested,
they finally agreed upon H. j. Curtiss,
the B. ~ NJ. agent at this place. The
defendants, however. waived none of
their rights of appeal by this agree
ment. Judge Gardner promptly ap-
pointed Mr. Curtiss and fixed the tenn
porary bond at $4,000, and the perma-
nent bond at $4,000.
The selection of MIR. Curtis is gener.
ally commended, for he has proven
himself to be man of excellent judg-
ment and ability, as we'll as one who
seeks to be fair and impartial in his
dealings with men. Whatever duties
may devolve upon him we believe he
will be equal to, and will in their dis
charge maintain the respect and conf
dence of all concerned. Just how soon
he expects to assume his duties or
what effect it will have upon his hold
ing the position of b. Il NJ agent we
cannot say, as Mr.. Curtiss is at present
in Omaha.
But this probably does not end
the case, for the defendants say
that they expect to take an APP
peal, which would prolong the CON
test and possibly prevent the receiver
from entering upon his duties, at least
until the case is finally disposed of in
the higher courts. And whatever may
be the final result of the case we are
informed that the Sioux City Safe De-
posit and Trust company-th trustee
named in the mortgage given by the
Dakota Hot Springs company upon
the Evans hotel and bath house, the
Sahitarium and Minnekahta bath
house, and the plunge bath-eNpects
to retain possession of the property
upon which they hold the mortgage, by
virtue the power therein given
Col. j. II. Swan has had possession of
this property for the Sioux City COM
pany for the past several months and
says he expects to continue in charge
and that the hotel will be kept open
continuously, without interruption,
and that no branch of the business will
experience any Inconvenience in CON
sequence of the pending case. AS we
understand it, therefore, the Sioux
City Safe Deposit and Trust company
expects to hold the property until the
claims of their mortgage are fully paid,
and it is therefore very probable that
there will soon be "a clashing between
the receiver and the Sioux City COM
pany as trustee.
Since the foregoing was written we
learn that the Sioux City Safe Deposit
and Trust company have an action in
the United States court now in session
at Deadwood for the foreclosure of
their mortgage upon the Hot Springs
company property. This will be con.
tested by the plaintiffs in the receiver
ship case, and if it reaches hearing it
will doubtless be Interesting.
In any event, however, the fact that
the hotel will remain open, and the
baths also, will be assuring to the pub
lie, both at home and abroad.