The Birmingham age-herald., 1903-08-07
ELLIOTT FILES RESIGNATION Southern Car and Foundry Co. Troubles Accumulate JUDGE JONES SIGNS ORDER Treasurer Had Refused Under Orders From Elliott to Deliver Books
 Other Recelvers-Text
 of Papers Filed.
JONES SIGNS ORDER

The Southern Car and Foundry troubles eliminated yesterday in the resignation of Capt. j. M. Elliott Jr., of Anniston, as one of the receivers on the ground that legal instigated by conflicting inter- ests would prevent the resumption of the operation of the plant of the company.
 Captain Elliott was recently appointed by Judge Thomas G. Jones of the United States court as eo-reeeiver with Thomas G. Bush of Birmingham and Thomas A. of New Jersey.
 Receiver Bush obtained an order from Judge Jones. ordering that the books of the bankrupt company be turned over to him for examination, alleging in his peti- ton that the treasurer of the company refused to deliver them because he had been ordered so to do by Captain Elliott. Judge Jones then, on August 4, entered the order referred to and Captain Elliott resigned.
 The petition of Colonel Bush was as follows:
 Colonel Bush's Petition. 'In the District Court of the United
 states-For the Northern District of Ala
 bama-In re Southern Car and Foundry
 Company, Bankrupt.
 "To che Hon. Thomas O. Jones, Judge of
 said court
 "The undersigned Thomas c. Bush who has heretofore been appointed one of the receivers of the Southern Car and Foun- dry company, respectfully states and re- ports to your honor that under the first order entered by your honor, appointing Thomas c. Bush and Thomas A Gillespie receivers of the Southern Car and Foundry company the said Thomas O. Bush and a legal representative of Thomas A. Gil- lespie called upon or requested the treas- urer of the Southrn Car and Foundry company to deliver to them the books of the company to the end that they may be audited by accountants, and the said books were not delivered by the company to the said receivers or either of them, or to the accountants selected by them; that thereafter the said Thomas G. Bush made another request for the books of said company, and the said treasurer replied that he had been instructed by J. M. Elliott, Jr., who was by an order of the court made a co-receiver. not to deliver the books. Petitioner, however states that he has made but one formal demand for said books; that the said Thomas G. Bush, as receiver appointed by the court, had employed an expert accountant, and stated that fact to J. M. Elliott Jr, and asked him to also appoint an accountant If he desired but up to the present time the said J. M. Elliott Jr., has not designated any person to act as accountant, and the said Thomas Gillespie has requested that an accountant selected by him be present in the investigation in the auditing of the books.
 Examination of Books Necessary.
 "Your petitioner states that until an in- and examination of the books of the Southern Car and Foundry com pany be had it is impossible to know what the condition of said company is and what its liabilities are, and that in the opinion of petitioner, it will be im- possible to start the operation of the plant of the Southern Car and Foundry company until the condition of it's affairs is known, to the end that parties called upon to lend money to receivers may be advised of the security they would get for tho loan. Your petitioner has been delayed for more than seven days In his efforts to have an investigation of the books and affairs of the company made.
 'sWherefore your petitioner prays the and directions of this court, and that such orders be made as Will effectuate the purpose of petitioner to have a thorough Investigation of the books and papers of the Southern Car and Foundry company, and that the court will make such orders and diree- lions as will facilitate the receivers, or any of them In the discharge of their duties (signed)
 THOMAS G. BUSH"
 sworn to and subscribed before me this first day of August, 1903. Notary public for Jefferson county Ala
 bama."
 On August Judge Jones issued the order, based on the petition Of Receiver Bush.
 Judge Jones' Order.
 "In the District court of the United States. For the southern division of the northern district of Alabama. In the matter of the Southern Car and Foun- dry company. In bankruptcy.
 ''ITpon consideration filed in this cause by Thomas e. Bush, one of the receiv- afs. if is ordered that all persons what soever in charge of the books, papers or accounts of the Southern Car and Foundry company immediately deliver them to the said Thomas G. Bush or to any accountant selected by him upon his order
 Ut is further ordered that said Bush proceed to investigate the accounts and affairs of said Southern Car and, Foun- dry company, and in order that the same may be made more thorough each of the receivers is authorized to be represented by himself or an accountant of his own selection (Signed)
 THOMAS G. JONES'"
 United States Judge"
 Captain Eliott's Resignation.
 "In the District court of the United sttaes for the southern division of the northern district of Alabama. In the matter of the Southern Car and Foun- dry company In bankruptcy.