The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-01
THE NEWS LITIGATION
FACTION SEEK TO
DELAY THE SALE.
Question of Jurisdiction of the SUI
periOr Court Is Also to
Be Raised.

The litigation in the. Superior Court,
which involves the future proprietorship Of
the indianapolis News, has assumed a new
phase. Last January suit was brought in
the courts by w. J. Richards, business man
ager and part owner of the News, to have
a receiver appointed The complaint also
asked that a dissolution of partnership be
granted by the court, and that an account
ing be had This was brought against
Charles r. Williams. editor of the News,
and others. One Of the Others is Delavan
Smith, of Chicago, who, it is understood,
owns a controlling interest in the News
plant Last summer the attorneys inter-
ested in the litigation came into court and
agreed on the appointment of a receiver.
Hilton U. Brown, city editor Of the paper,
was selected to act as receiver, and since
then has filed this position. AT the time
the receiver was appointed it was under
stood that the next step in the litigation
would not be taken before the September
term of court, when an order of sale would
be made by the court.
The News litigation occupied the entire
day in Room 1, Superior Court, yesterday.
coming up on motions filed by both Sides
The plaintiff was represented by Elliott &
Elliott and Charles w. Smith, of the firm
Winter appeared for the defendants. The
action taken by the attorneys yesterday in
wolves to some extent the question of the
Superior Courts jurisdiction in the case.
Early last week it was believed by the
plaintiffs attorneys that the question of dis
posing of the newspaper was practically set
tied. In fact, the attorneys, with the ex-
ception of few minor points, had agreed
on an order of sale. 1t was proposed that
the attorneys should call on Judge Mc1Ias-
ter last Thursday morning and submit these
slight differences to him for adjustment. On
Thursday morning Attorney Winter ap-
peared and stated that he greatly regretted
to announce that he had no authority to
proceed further along the proposed line.
yesterday the counsel for the plaintiff
came into court and flied motion asking
that an order be made directing the receiver
to take the proper steps looking to a sale
tiff also filed affidavits in support of this
motion, setting up the fact that Delavan
Smith. of Chicago, had consented to tbs, APP
pointment of a receiver. Attorney Winter
met this action by at once filing a motion
en- behalf of Messrs. Williams and Smith
to quash the summons that had been served
on Mr.. Smith. The attorney followed this
with another motion asking the court to
strike out the affidavits relating to his eli
ent consent 10 the appointment or a re-
ceiver.- 1t was on these questions that the
court said he desired to hear argument, and
Attorney Winter occupied the day in stating
his side of the case. Delavan Smith was
not present. and the attorney held that his
client being a nonresident, there is no prob
able way Of bringing him into court The
attorney maintained that Mr. Smith has not
had the proper notice served on him, and
that the plaintiff is without remedy in the
case unless Mr.. Smith Of his own accord
thinks proper to come into court and make
an accounting Should the court rule favor
able to the defendants, the question will
then resolve itself into one of jurisdiction.
was added to the complaint last May, the
plaintiff has had a hard time of it serving
notice on his Chicago partner 1t is related
that Mr.. Smith, when he came to the city,
shrewdly avoided everything that resembled
an officer with summons in his pocket,
and TO do this made it practice to board
the cars at the ACKNOWLEDGEMENTS sta
tion on returning home, instead of taking
the train at the Union Station. AS a last
resort a young man armed with the neces-
sary document went to Chicago, or more
properly the suburb, Lake Forest and in
vaded the house of Mr.. Smith. There he
was able to serve the notice, the legality of
which is now in question.