Daily capital journal. (Salem, Or.) 1896-1899, 1899-03-27
THEY WANT CONTROL
And a Receiver Appointed for The
Capital Journal.
Bingham, Patterson, Davis, ct al, Have
Appealed to the Supreme
Court

A brief has Just been hled on Hofer
Bros. by Bingham s. Carson. attorneys
for Bingham, Patterson, Davis. ct al,
In their suit for a receiyershlp for
The CAPITAL JOURNAL, Of an appeal
10 the supreme court.
This case was decided by Judge
Boise, who dismissed the suit. When
HOfer Bros. produced their books 10
court and offered them 10 evidence
Bingham & Carson did not want to
investigate them. This appeal 10 the
supreme court reopens the fight after
they we're utterly unable 70 make any
showing or prove their charges.
The public should understand that
this Is suit to barrass aud break
down the CAPITAL JOURNAL Mr.,
Bingham testified In court that he
and Patterson had several confer
ences a. 10 what 10 do about this
paper and decided that they must
pay the Hofers some money TO keep
still, give them threshlng, or BUY
STOCK. For obvious reasons they
chose the latter course.
IL appeared from this and other
testimony introduced that Bingham,
Patterson, Cd AL, never bought stock
AS "A bOnatlde Investment but 10 hold
as a club over THE JOURNAL 20 silence
the press in discussing their connec.
tiOn with politics and public affairs
they thought they could neither
brIbe nor thrash the publishers Of
The JoURNAL, aud 50 they bought
stock and proceeded 10 drag the pub
fishers into court, and propo e 10 drag
out litigation, and by expense, worry
md weary seek 10 break down The
JoURNAL. This Is the history Of this
case up TO this appeal 10 the supreme
court.
IL ls plainly the Intention 90 carry
on this litigation, aud take appeal
after appeal. II Bingham g. Carson
win in the supreme court, the case
will be sent back To- Judge Boise with
Instructions 10 appoint receiver If
he does not give Bingham, Patterson,
OF al "A receiver OF their own choos-
lay, they will appeal again from his
decision and again carry the case
through the supreme court. All this
viii cost these lawyer politicians
but will cost The JOURNAL
hundreds OF dollars.
Here are the concluding paragraphs
Df Bingham & Carsou's argument to
The supreme court:
"We think the evidence shows con-
clusiyely that the Ilufers were en-
10 wreck the corporation
and acquire all Of Its property for
themselves. They never paid one
'ent for their stock They and their
have lived frOm its earnings,
md now they are seeking 10 acquire
.he whole property by means OF back
'alary charges, aud an accounting at
/ meeting controlled by themselves,
md an action az law where the stock
folders were denied the right TO make
defense.
$50 rank fraud we think viii not
'e sanctioned by this court.
"ln this court we think we are en-
tiled to degree for accounting, aud
n that connection, a dndlog by this
curt as to what compensation should
~ allowed the llufefs for service
yh ca they claim to have rendered the
orpoation. We believe the decree Of
his court should direct as to what
matters this account should extend
.ud questions ut law should an be set
leo on this appeal. The pretended
ale ~ the plant To A. b. Hofer, Jr.
hould be vacated aud declared 20 be
lull aud void, and the further prose
ution OF the action at law restrained
nd the said A. #, Ilofer, Jr., and
luter Bros be decreed 10 hold all OF
he property of the Capital Journal
'uhlishing Company la trust for the
'eneht of AL Of the stockholders
"ln order To protect and preserve
he property Of the corporation aud
void further Injuries from the Hofers
'e ask this Court 20 direct that re-.
elNer be- appointed "a take charge of
he property aud sell aud dispose Of
he same aud hold the proceeds sub.
'ct 10 the dual order 0i the lower
curt or of this Court
Respectfully submitted.
"JoHN A CARSON AND
GRO q, BlNGuAM
Attorney Tor Appellants" 1
All the above matters were decided
judge Boise aud the case was
lrown out ot court as entlreB with