The Meridional. (Abbeville, La.) 1856-1906, 1902-04-26
CHARGES.

Charges Of a sensational character
were made in an intervention filed by
Attorneys Lazarus and Luce and Sol
Wolf in behalf of G.. S. Burt Co.,
Ltd, Eli Wise & Co., and Haubt-
man and Loeb Co., Ltd, in the case
Of S. Gumbel Co., Limited, VS.. the
Rose Hill Sugar Company, in the
Civil District Court. It is charged
that the Rose Hill Sugar Company is
indebted to the lntervenors in the
sum of $685. "a.
1t is charged that the alleged and
pretended order and decree of court,
Of March II, 1902, making an alleg-
ed appointment of a receiver and adj
visory committee, was illegal, upon
its face, for the following reasons:
That the court was utterly without
authority, under the law, to appoint
q so-called receiver who could exer-
else no power o authority except
with the consent of an advisory COM
mlttee, as named in the proceedings;
that the court in making the appoint
ment, did not exercise its own judy
ment and discretion that such an
act was not a judicial act nor was it
authorized by law; that the alleged
receiver and advisory committee
named to assist him, are not the Off
GERS contemplated and authorized by
the law; that they are not vested
with the power, authority and func-
lions of a receiver; that the appoint
ment of a receiver whose powers are
lodged in an alleged advisory COM
mittee and suspended at the will of
the committee, was unwarranted by
law.
1t is charged that the alleged eredi-
tor applying for and provoking the
appointment, and the defendant corr
poration, are substantially one and
the same person. That the company
is dominated and controlled by S.
Gumbel and Company, Ltd, or its
members, and that there was really
u party interested and involved.
1t is contended that the appoint
ment was ex parte; that Immediately
upon the filing of the petition, the
answer was filed, the petition and
answer being really signed by Or at
the instance anC dictation of the
same parties, that the petition is on
behalf of S. Gumbel and Company,
Ltd, and signed by their attorneys,
while the answer is signed by Isidore
H~echinger, as president of the cor
poration. Hechinger and the parties
controlling the corporation being
members Of the firm of S. Gumbel
and Company. 1t is held that it was
the intent and purpose of the act of
1898 that all such proceeding should
be bona fde and in good faith and
that there should be no ssrailroad-
the petition, answer and reso-
being all signed at one and
same time, and the appointment
made, before either creditors or par
ties interested had an opportunity of
intervening as to either the receiver
or the receiyership and it is charged
the whole proceeding was inau-
b. S. Gumbel and Company,
Ltd. and its members. The inter-
.enors charge fraud and collision.
It is charged that the corporation,
previous to the making and entering
If the order, was managed and con-
.rolled by Isidore Hechinger, Henry
E. Gumbel, Divide Lacour and Hor-
ace Gumbel as directors of the Rose
dill Sugar Company, Ltd, and that
heir management jopardized the
tights OF the other stockholders and
,reditors.
The ~lntervenors charge that there
vas gross acknowledgement of the
lffairs of the corporation; that the
corporation became involved in debt,
is capital stock being the nominal
OF $500, and its liabilities |
mounting to about $24O, 900. It is
'verred that the corporation was 5
organized as an output or branch of
}. Gumbel and Company, Ltd, and
conducted and operated for their
benefit and in their interest; that all
he products raised and made on the
plantations Of the Rose Hill Sugar ,
Company were shipped to and sold
y S. Gumbel and Company; that {
he credit secured by the Rose Hill i
and which went into the