Arizona republican., 1897-12-17
PENNEY & ROBINSON,

appOlnument Cf MT. Murphy. SeIng the impossibility of compromise of any sort, Judge Street hit upon Mr. Hall as one entirely disallied from either party to the controversy.
 The following is the order of ap pointment. Orders fixing the bond and otherwise directing the receiver Mil be made later:
 "District Court, Third Jud cial Dis
 trict, Territory of Arizona, Mari
 cOpa county:
 ''The Glendale Fruit Company ct al vs. The Arizona Canal Company e.. al. No. 29S2; The Merchants Loan and Trust company, trustee, vs. The Ari- zoHa Improvement Company ct al, No. 29S3 The Merchants Loan and Trus5 Company, trustee, vs. The Arizona Canal Company ct al, No. 2924.
 "In the Matter of Receiverahrp'
 'On the fifteenth day of November, 1897, the Glendale Fruit company ct al filed in this court their comp, aint against the Arizona Canal company, being case No. 29S2, asking that a re- ceiver be appointed for the Arizona Canal company. The plaintiffs. ccm- posed of a large number of ownars of water rights in the Arizona canal and patrons Of the canal, alleged tina. they were owners of lands ir.iga,ed by the waters of that canal by virtue of their respective water rights; and that their lands were of great value We're planted in orchards, vineyards, a. | falfa and other crops and improved with dwellings, storehouses, build- | ings, etc., and complained that the company had been so managed and | was being so managed that plaintiffs | were unable to Ob ain water neces | sary to irrigate their lands and to pro 1 tect their orchards, vineyards and | crops; and that the condition Of the | canal was such that it could noS carry the full amount of wa CT which | was necessary to irIi2a.e their re- 1 spective lands, and that if the same was not immediately cleaned and pu
 in good condition they would be greatly injured in their property.
 ''They further alleged that the cor porauion vas .insoiven.t; shat the moneys which they paid in fer wat r 1 rights and water rentals were not be- | ing used for the purpose lf kesping g the canal in order; and asked that & receiver be appointed to take charge of said canal and to put the same in order, with powers to the receiver usual in like cases.
 l ''On the sixteenth day of November the Merchants Loan and Trust com pany, trustee, filed a petition in this court against the Arizona Improve ment company, being case No. 29S3. and likewise a petition against Ire Arizona Canal company, being case No. 29S4, in which they aIlege the in- | solvency of both companies, and SC 1 out the mortgages on the property of both the Improvement company and canal company. Each petd ion asks for foreclosure of the mortgages. and that a receiver be appointed for each of said companies, to-wit: The | Ar1zola Improvement company and the Arizona Canal company, with the usual powers. It is shown that the Arizona Improvement company are the owners of very large majority of the stock of the Arizona Canal com pany.
 | ''It was ordered by the court that all | of said petitions be heard at one and I the same time upon the various pleas and answers, and such proce: dings were afterwards had by said cours :: that on the 24th day of November, | 1897, after a full heariing, the denu-- Ter of the Arizona Canal company to I the petition of the Glendale Fruit company ct al, was Overruled; and | the petition of the Glendale Fruit company ct al, No. 29S2, was ordered to be consolidated with the petition 1 of the Merchants Loan and Trust company, trustee, against the Arizona Canal company, No. 29S4; and the sev- eral motions for the appointment of a receiver were taken under advise ment by the court.
 ''Lt WAS strongly urged by the Ari- zona Canal company in their answer 1 ito the petition of the Glendale Fruit company ct al, that the petition showed 10 proper grounds for the ap- pointment of a receiver The Mer- chants Loan and Trust company, trustee, urged that their petition ask ing for the foreclosure of the mort