The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-13
ARRH|GNNENI WAS BIIER
ERN COURT OVER RAILROAD
RECEIVERSHIP'S FEES
MEN ALLOWED A FORTUNE
Judge Harmon, Representing the
baltimore & Ohio, Heard of the
Action and Made a Wig
OrOus Protest.

OIOuS IEOlCShs
NORWALK, O., Aug. PA sensational
scene was enacted in Judge Buckland's
court in this city one day this week,
when Judge Harmon, of Cincinnati, en-
ployed his keen inyective and cutting
ridicule upon Messrs Moss and Gardi-
ner, the receivers of the S. M. and N.
railroad. Judge Harmon, together with
Judge Collins, of Columbus, both being
the representatives of the B. and o. rail-
road, was engaged in resisting an ex-
horbitant allowance for fees made to
these gentlemen by Judge Wildman re-
Gently. AN attempt to legalize piracy"
was the mildest term that Judge Harmon
applied to the action of the two receivers.
The testimony taken in the court show
ed that an allowance of 100000 for mere
ly nominal services was made Moss and
Gardner by Judge Wildman, who is a
nephew of Judge Wickham, one Of the
attorneys for the receivers. Col. c. L..
Kednman, another of the attorneys for
the receivers, is a nephew of Richard
Gardner, one OF the two receivers. Judge
WicIham's son. a young attorney here,
represented the stockholders of the S.,
NJ and N, and was given the appoint
ment by Moss and Gardner, who were
pressing the claim for huge fees Messrs.
Wickham and KEENAN,, the attorneys,
were allowed $4,000 each, and Wickham
junior was allowed 1,O0O for his services.
LEASED THE LINE.
The S, NJ. & n. railroad was leased by
the B. & o. railroad some years ago. Its
Of
Norwalk, as president, and ]. L. Moss, of
SanduslIy, secretary and treasurer. These
two gentlemen received salaries of 81, 900
per annum each. The board of directors
consisted Of Moss and his son and broth
er and Gardner and his son and attOr-
ney. After the B. & o. went into the
hands of q receiver these gentlemen ap-
peared in court in November, 1857, and
asked that receivers be appointed for the
S., NJ. & N, on the theory that, as the
lessee of the road, the B. & o., had gone
into the hands of a receiver, the inter-
ests of the S.. NJ & n. could best be pro-
tected were they in like charge. The Pc
tition Of the directors was granted, and
Gardner and Moss were appointed core
ccivers. Each was to receive the salary
that he had in the past, namely, $1,000 per
Rnnum, but later on this salary was in
creased to 49, 81 each.
Moss AMI "a 7ner had owned a ma ;ority
Cf the shares Of stock issued by the S, VI
& n. They sold their interests to the, B.
& O., which is now the owner of every
share of stock of the road, with the eX-
ception of a very small number, estimated
at fifty-seven shares. After having made
this transfer of stock on June 2, 1900 Moss
and Gardner went into court and asked
that an additional allowance be made
them for their services as co-rece-vers.
TTDCE HARNTON,S CLAIM
Judge Harmon claimed in open court
their services as receiver were purely
nominal. The B. & O. las the actual, if
not the nominal, owner of the S., NJ &c
n. and as it's lessee had full charge of
that little railroad, and the receivers
principal duty was confined to drawing
g. $50 per year each from Inc golfers of
the B. & o.
AS previously stated, the application
was made to Judge W4ldman, nephew of
Judge Wickham, one of the attorneys for
the receiver He granted that appl1ca-
ton, allowing Moss $55, 900 and the use Of
the private car "Ogontz,@ to Gardner
$4,000 to Judge Wickham and Col. C. J..
KEENAN, $4,000 each and to Wickham Jr
N,OOO. This latter gentleman was appoint
ed BY Messrs. Moss and Gardner to repre-
sent the stockholders. The Stockholders
IN TACT, consisted of the B. & O. railroad
alone, as the owner of practically all the
stock However, the 3. g. O. road was
not notified. In his argument Judge Har-
mon also commented bitterly on the fact
that on the margin of the docket the
words don't publish appea.,ed. This he
inferred, indicated dislike to turning the
searchllght of the newspapers upon The
matter Although Judge Harmon and the
local attorney for the B. & o. both saw
these words on the docket by tee time
the motion to resist the allowance came
on Ior hearing the words had been erased.
WANT IT SET ASIDE.
The officials of the Baltimore & Ohio
Sld not learn that this allowances had
peen made by Judge Wildman until after
the time in which an appeal might be
taKen mad passed. Then the discovery
was made rather by accident Judoe
Harmony and Judge Collins were in
Bructed to investigate the matter. They
Immediately entered a motion to set aside
the allowance, and propose to carry if
through to the higher courts, if the de-
clsion In the first court should go against
Them. Because of the relationship be-
iWeen Judge Wildman and one of the
attorneys in the case, Judge Harmon
prepared the necessary affidavits to
Fswear him off the bench" Judge Wild
man heard of this, however, and as IT is
always a humiliation to a judge to be
shus prevented from hearing a case. he
came 10 Harmon and Collins quietly and
suggested that Judge auckland hear their
motion. This was agreed to-
Those who heard the argument of
Judge Harmon declare it to have been
the most bitter arraignment ever heard
IN the court here. He did not spare any
of the parties to the attempt to get S121.
900 from the B. & o. road. He heaped
sarcasm upon them. He hurled his shafts
of laundering invective, barbed with the
keenest wit. He made use of the plainest
Anglo-Saxon terms in the most effective
manner The court room was crowded
with interested listeners, and his expose
of the methods of the receivers has been
the talk of the town since
The motion to set aside the allowance
is now up to Judge Bucklard Should he
refuse to entertain 1t, it Is stated that
the attorneys for the B. & O. will carry
the case UP to the highest courts. Fur
Their, 1t is possible that that other pro-
ceedings will soon be instituted, which
have IN way a bearing on the case
now before the court, and in a way arise
from it.