Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1900-09-29
OSCAR y. SMITH RECEIVER
For h whsIen Consolidated Cop
per Mining Company.

1G1EA k8
For the whaIen Consolidated Cop
Q Mining Company.
AtChicsgo on Saturday Of last weel
Edward +. Dunno, Judge Of the Circuit
Court Of Cook county. Illinois. appointed
Oscar j. Smith Receiver for the Wha-
len Consolidated Copper Mining Com
pany, whose properties are located oil
Alpha, this county. The suit for sh;
appointment Of . receiver was brought
BY William Whalen ct al, against the
Whaisn Consolidated Copper Mining
Company, and . cross-bill was fled 10
behalf Of Thomas G. Stephens, one oil
the defendants named 10 the complaint.
The cross-bill further asked for the
dissolution Of the defendant company,
for The appointment Of . receiver. and
Tor other relief. The following is the
order Of the Court:
That Oscar j. Smith Of Eureka, in the
county Of Eureka, and State Of Nevada, be
and is hereby appointed receiver Of the
above named defendant, the Whalen Con-
solidated Copper Mining Company, and Of
all its property Of whatsoever kind and ma
ture, and wheresoever situate, including
all its books, papers and records, and the
ZANE to have, hold, possess, preserve,
protect and conserve until the further order
of the Court. acting in all things under
the orders Of this Court aud Of such other
courts as may entertain jurisdiction ancil-
larry to the jurisdiction of this Court.
That such receiver be, and is hereby au-
thorized to defend any and all actions and
suits now pending or hereafter brought
against the said company, seeking to es-
tablish claims, liens or demands against it,
or its property, and to prosecute or con-
tinue any action already brought by it for
the recovery Of any money or property
due 1t.
That said receiver is further ordered and
directed to keep accounts Of all receipts and
disbursements by him as such receiver.
That said receiver shall report to this
Court from time to time. at least once
every three months, all his doings as such
receiver; and he is further hereby author
lied to apply to the Court for instructions
whenever necessary.
That said receiver, before entering on
his duties, shall take and subscribe an oath
to perform them faithfully, and with one
or more s~ureties approved by this Court or
any Judge thereof, shall execute a bond
herein with surety to be approved by this
Court or the Clerk of this Court for the
benefit Of whom it may concern, in the
penal sum of $40, 900. conditioned to the
effect that he viii faithfully discharge the
duties Of receiver herein and obey the
Court.
1t is further ordered that all parties hav-
ing in their possession or control any Of the
property, effects, books, papers and rec
ords Of the said Whalen Consolidated Cop
per Mining Company shall, upon written
demand Of said receiver, yield up and de-
liver the same to him; and the complain
ants and defendants are, and each Of them
is, authorized to apply to any other Court
of competent jurisdiction for such other
order or orders in aid of the primary juris-
diction vested in this Court in said cause
as may have ancillary jurisdiction herein.
That said receiver is hereby authorized
to appoint an agent in Chicago, to take
possession of and keep, in the said city of
Chicago. Illinois, the books. papers and
records Oh SAID Company, wiach snail at
all reasonable times be open to inspection
by any Of the stockholders of said com.
pany.
Dated Chicago, September 20, 1900.
From this il 10 apparent that an error
was made in the naming of the receiver.
When the matter Of placing the affairs
of the company in the hands Of . receiver
was frst considered the names Of Oscar
j. and Bert L. Smith were suggested.
and both those gentlemen we're commu.
uiCebou "itu ioA WIG PotPoeo VI ucsot-
mining whether either would accept she
appointment. Bert L. Smith Of Eureka.
after some hesitation, formally consented
to act, and in the last proceedings taken
in Chicago the substitution Of the name
of Oscar ]. Smith wal evidently an er-
ror, ss the words "of Eureka" following
his name clearly shows.
This action will have q tendency to
still further complicate the case. ~ the
appointes will without doubt decline TO
serve. and the probabilities are that
Bert L. Smith will also refuse TO accept
the appointment if rendered to him
later.
II, therefore. . receiver is to take
charge Of the c~ompany's affairs . new
man will have 30 be agreed upon.