Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1897-03-17

Court Restraints the Receiver from
Taking Possession.
Last Friday, March Il, 1897, Hon.
Jerry Simpson, through his attorney,
E Sample, filed notion in Probate
Judge Funk's court, in the absence of
Judge Mckay, asking that receiver be
appointed to take charge of and man.
age the Barber County INDEX. The
motion was granted without giving the
defendants notice and without allow
ing them or any of them to
appear and oppose the motion.
II, a. Burnett was appointed and in
structed by Judge Funk to take charge
of the office together with all books,
accounts, ETC., and manage the institu-
ton subject to the order of the court.
The first intimation any of the defend.
ants had of the proceedings was when
IL. A. Burnett came in late on Friday
| afternoon and handed us his papers.
This, we thought, was most extraor-
binary proceeding, and we Immediate
ly began an investigation. Of course,
| our first move was to ascertain what
the complaint was and why the action
was brought which we learned by read
ing the petition filed in the Office of the
clerk of the district court. The princi-
pal allegations IN the plaintiffs Jerry
Simpson'sl petition are that the INDEX
IS being operated in an extravagant
ana unbusnesslike manner, that the
plaintiff has invested $f20 III the con-
Germ, that the defendants have issued
stock 10 parties without plaintiffs
knowledge and consent, that the pres
ant managers are operating the paper
without the plaintiffs consent, that
the plaintiff has been unable to ascer-
tain the financial condition of the part
nershlp, that the plaintiff is solvent and
that expenses incurred in the manage
ment of the paper are liabilities that
may be placed upon him, and that by
reason of the foregoing conditions the
PLAINTIFF interests are jeopardized
which he cannot avoid except by the
lnterpositiOn of a court of equity.
These are the grounds upon which
the action was brought and whether
the petition was true or false we had
no alternative but to convey the books,
money and other property to IL. A.
Burnett, receiver, for the time being.
We therefore delivered to Mr.. Burnett
all books, accounts, ETC., and $91.02 in
cash, the same beng the amount of
cash on hand March l, 1897, after all
debts had been paid. This being done,
the Board of Directors met in special
meeting and decided that in order to
protect the Office from ruin 1T was neces-
sary that steps be taken hastily to re.
store the office to the management that
has brought it from insolvency to SOL
vency during the past three years, and
avoid, if possible, the useless expense
of a receiver. Accordingly A. L. Herr
was employed to take charge OF the
case and an answer was filed to the
plaintiffs petition on Saturday IN
which all the material allegations were
denied. A motion was also filed pray
ing for the receivers discharge. In
this shape matters remained until Mon.
day when Judge Mckay, who had pre-.
vlously been notified of the tendency
of the action, sent word that be would
hear the motion between trains on
Monday. The motion was heard at
about 2:30 p. m. on Monday, and Mr..
Burnett was ordered to restore all prop
erty in his possession belonging to the
INDEX, to the present managers,
and to refrain from interfering with
the management in any manner what.
soever. We are therefore in control at
the present writing and if the plaintiff
abides by the district courts order we
will so remain until the matter is final
ly heard and determined which may be
IN the course of ten days or two weeks
and not longer than until the MAY term
of court at any event.
For ourselves we have nothing to
fear. Our books have been kept sys-
tematically and our accounts are
straight to which Mr. Burnett will tes-
tity so far as his investigation has gone.
But we cannot answer for others, and
we now insist that the matter be prob.
ed to the bottom, let it exonerate or in
jure whomsoever it will. If Mr.. Simp-
son is determined to litigate until the
property is absorbed we can take our
medicine with the rest of the partners
but at the proper time we expect to dis
prove all OF his material allegations.
He has no reason for believing that the
operation of the paper will in any man.
ner lniure him financially The Office now
has surplus of SOC on hand and will
soon begin publication OF taxlist which
will make the office at least $500. Fur
Their than this, Mr.. Simpson and his
friends have been assured that this
management will never call on any
me Der OF the partnership to put up a
single cent to manage the paper; we
never have asked it and we never will,
We took hold of this paper when it was
indebted to the extent of S1,1OO and
over, and, without fear of contradiction.
can say that we have published as good
paper as any administration, and bets
ter than most of them, more econom-
ically more successfully than any other.
and this includes the administrations
with which Jerry Simpso was satisfied
and of whose management he never had
0at1ca IN