The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-10-09

work for Albert Scheffer. Hence the APP
plication for the appointment of a re-
ceiver.
The application was based on judg-
ment against the Volkszeitung company
in favor of Albert Schaedlich for the
sum of $1O4. Mr. Schaedlich is one of
the editors of the paper. The judgment
in his favor was confessed by Theodore
Lienau, the secretary-treasurer, gen
eral manager and a director of the con-
Germ.
G. n. Nelson, representing the bond
holders, contended before Judge Bum,
that Mr. Lienau had no authority as
secretary of the corporation to confess
judgment. Mr.. Nelson strenuously OPP
posed the appointment of a receiver on
the ground that there was nothing to
receive The testimony Of Mr. L1enau
was to the effect that the assets or the
plant, including the typesetting ma
chimes and the presses, which latter
Mr.. Lienau classified under the head OF
old iron, would not exceed $4,000. MI
Licnau, who is not only the secretary
but also the treasurer and general man
ager of the Volkszeitung company, tes-
titled that the company had been fnsol-
vent for three months
Mr.. Nelson, in behalf of the bond
holders, opposed the appointment OF
receiver. The Volkszeitung had Civ
en- a trust deed or chattel mortgage
under which it had issued it's bonds for
$4,000. These bonds were still out
standing and were held by the re-
ceivers of the AlIemannia bank. the
estate of Adam Decker, Brown, Treacy
g. Co., and the Standard Printing com
pany. of Milwaukee. Default had been
made in the payment, and the bond
holders had authorized Albert Scheffer
as their trustee, to foreclose the mort
gage. Mr.. Nelson insisted that 1t was
a waste of time to appoint a receiver
| when there was nothing to receive
More than $1,000, he said, was due to
| the employees.
! Albert Schaller, representing the ed1-
torial staff and compositors, said that
his clients refused to work under Al
bert Scheffer They wanted the court
| to appoint a receiver under whose
management they could work, confl-
dent that they would be paid for that
| work. Mr.. Schaller said that the COM
positors and presSmen threatened to
| quit work vest erday noon, but that he
| had dissuaded them from taki1 a
course that would depreciate the va ue
| of the plant, so long as there was
! hope Of preserving it,
| Otto Kueffner, representing the
Volkszeitung company, said that the
| chattel mortgage executed in october,
| 1894, did not cover all the assets OF Inc
company. Mr.. Schaller promptly add
ed that part of the bonded lndepteo7
ness of the company was the personal
! Indebtedness of one Of the directors
and stockholders.
Mr. Kueffner, in answer to MI. Me-
son, contended that the corporate seal
attached to the confes ion OF jus g rent
rendered that instrument secure from
attack in collateral proceeding.
Mr. Kueffner then sprung su- prise
by submitting a voluntary assignment
on the part of the company to Edward
Tietz.
Judge Bum asked Attorney ScEaller
why he didn't drop his application for
a receiver and consent to the assign
nlent Mr.. Schaller turned toward
Mr. Nelson, smiled significantly and
owned up that he had his doubts about
the validity of the assignment.
Mr. Nelson remarked that he had his
doubts about the validity of the con-
fession of judgment. He would say
however if the editorial staff, printers
Mr.. Scheffer. they would be paid i'll
cash and paid promptly for every
stroke of work they did.
Judge Bum was inclined to hold that
the confession of judgment would no d.
The assignment that was made after
ward of course, was not considered.
The question presented was not wheth-
er the Volkszeitung company was In
solvent. Had any act showing in
solvency been performed, Judge Bum
| held that the confession of Judgment
was valid and constituted evidence of
| insolvency, and at p. m. when the
attorneys and other interested parties
visited his Office late in the afternoon
he announced the appointment of Mr..
Tietz as receiver.
Col Tietz said last night that the men
refused to work under Albert Scheffer,
but that everything would be all right
now. He said they were not respon-
sible for the poor paper Of the last two
days, but beginning today would get
out a good paper, and they expected
the continued support of the German
reading public. Mr.. Schaedlick and
Col Tietz were much amused at an
editorial paragraph, which crept into
the paper last night, stating that they
were no longer connected with the pa-
per- when, as matter of fact, they
were 'it"