New-York tribune., 1900-03-17
HUGH J. GRANT RECEIVER.
JUDGE LACOMBE MAKES THE APPOINT
MENT PERMANENT.

ACTION IN THE CASE OF THE THIRD
AVENUE RoAD-ELECTRICAL EQUIP
MENT TO BE PUSHED.
Ex-Mayor Hugh J. Grant, temporary receiver
of the Third Avenue Railroad Company.
appointed permanent receiver yesterday after
noon by Judge Lacombe, of the United States
Circuit Court
At o'clock, the hour set for hearing the
ton for appointment of a permanent receiver
large number of lawyers were present in the
courtroom of the United States Circuit Court
of Appeals. among those representing Third
Avenue interests being Francis Lynde Stetson
and William D. Guthrie. of counsel for the Old
Colony Trust Company, Of Boston; Adrian H.
Joline, counsel for the Creditors Protective
Committee; Frederick ". Hollis, of counsel for
the Stockholders Advisory Committee; Edward
Lauterbach. counsel for the Third Avenue Rail-
road Company; John NJ. Bowers and Adrian H
Larkin. counsel for Receiver Grant: Paul D.
Cravath and ex-Postmaster Charles ". Dayton
After disposing of several minor cases the
motion calendar. Judge Lacombe said:
We now come to the case of the Erie Railroad
Company. The first question is whether the
poration shall be restored 10 the position II oc-
be continued, and made permanent If there is
any opposition to the receivership, I should be
glad to hear any one on that point
Lacombe's slip of the tongue in referring to
the Erie as figuring in the receivership pro-
ceedings, instead of the Third Avenue. No one
raised an objection to the continuance of the
recefvership. Then Judge Lacombe announced
the next step the selection Of permanent
receiver. Francis Lynde Stetson rose and said
that he appeared for the Old Colony Trust Com
pany of Boston and that his client had joined
with other creditors, representing in all S13,-
O85, 900 of the $19, 600 of claims against the
railroad company in signing petition asking
for the appointment of Hugh J. Grant as per-
manent receiver. Adrian H. Jone also spoke
briefly. Judge Lacombe then said:
I appoint Mr. Grant permanent receiver. as there
is no objection. and It is unanimous for him. I
will place him under the same amount Of bonds as
he filed as temporary receiver, and he viii take
charge OF the property as he has been doing, and
road He may advertise for claims.
AS TO RECEIVERS CERTIFICATES.
The next question brought up by Judge La
combe concerned receivers certificates, to
which matter he announced his willingness to
hear suggestions from counsel He knew, he
said. that such certificates would have to be
issued, but 1t might happen that the receiver
would find II necessary to ask for authority to
issue them at certain times when 1t would not
be possible for the Court to act promptly upon
his application MI Stetson then suggested
master, who is to be appointed by the Court for
the purpose Of examining the claims against the
company, and Judge Lacombe accepted the sug-
gestion.
After Mr.. Grants appointment lawyer rep
resenting other interests in the road sought TO
get Judge Lacombe to take UP the matter in
which his clients were interested. The Judge
answered that he could not hear the motion. be-
cause it concerned things outside the question
which he had just considered, and 1t could come
before the Court only in its proper form as a
separate action. The lawyer who not
recognized by Clerk Cooper. then asked If he
could be heard a motion to whether pref
erential claims should be paid out Of the pro-
ceeds.''
That is a totally different matter" answered
Judge Lacombe, who added: Claims cannot be
considered at this time. They must be pre-
sented in proper way
The decree appointing Mr.. Grant permanent
receiver is as follows:
And now on this the 18th day of March, 1900, this
cause (the old Colony Trust Company versus the
Third Avenue Railroad Company came on further
be heard upon the pleadings and upon the order
day of February 1900, requiring the parties hereto
not be continued during tne pendehSy OF t9ls sun
and thereupon after hearing Francis Lynde Stet-
counsel for the complainant, and Edward Lauter-
bach counsel for the defendant; and it was
Grant, esq the temporary receiver heretofore ap-
pointed in and by said order of February Is, 1900
be and is hereby appointed receiver during the pen
denCy this suit Of all the property whereof ne
was appointed temporary receiver in and by said
last mentioned order. and with all and singular the
rights powers and duties imposed and &c conferred ME-
upon him by the said order of February @ 1900
And it is further ordered that the bond OF the
said receiver in the of 2500O0, conditioned that
he will well and truly perform the duties or the
office and duly account for all moneys or property
which may come into his hands, and abide by ana
perform all things which he shall be directed to DO
with sufficient surety to be approved of by judge
of this court forthwith filed in the office or the
clerk of this court . r,,..-.
In all other respects the said order or FEBRUARY
2S 1906 shall be and continue IN tuIl rorce anu
efart untiI the further order of this court IN the
premises. E n t1N III 51t~Iss,i+ 1toIIr+
MIR GRANTS AIM.