The Birmingham age-herald., 1903-11-26
EXPERTS WILL NOW EXAMINE TIE WORK Orders Made in Matter of
 BurkhaIter & Co. TRlMBLE TO HEAR CASE F. H. Alison and R. K. Elliott Will De eide Whether Contracts Can Be
 Carried Ahead With
 Profit.
TRlMBLE TO HEAR CASE

The matter of c. Nj. Burkhalter & Go hearing before Judge Jones of the fedora court yesterday and three orders were made by the court.
 One of the orders appoints Fredericl H. Allison and Reginald H. Elliott al special expert examiners whose duties i shall be to examine the work which wal going on at the time the bankruptcy pro ceedings were instituted and to repor whether it will be to the interest of al parties concerned to have the work nov under way continued by the receiver.
 The second order authorizes Receive N. l.. Miller to have certain material un loaded which is now on the cars in Birm ingham having been consigned to c. M Burkhalter & Co. before the proceedings were instituted.
 The third order refers the matter to N. w. Trimble, referee in bankruptcy and authorizes him to take evidence in the matter and to report his conclusions back to the court.
 The Order.
 The order appointing the expert exam iners was as follows:
 This cause now coming on to be heard on the petition of the defendants to re- ceive the bond of the petitioning credi- tors to secure against injury to the de- fendants on account of the wrongful and unnecessary interference with defendants business by reason of the receivership ordered in said cause and for their petl- tioning the court to modify it's order ap- ..f,x k. appointment of a receiver experienced in the carrying out of such business as the defendants are engaged in.
 And on the petition of the Peoples Savings Bank and Trust company and certain other creditors in accordance with the said petition of the defendants, c. M. Burkhalter & Co.
 And 1t appearing to the court on the affidavit of the present receiver N. l.. Miller, that there is some doubt as to whether it Is to the interest of the credi- tors and all parties interested In the cause that the above petition be granted in that to carry out the contracts sei forth in the said petitions might entail losses upon the estate of the bankrupts It is adjudged, ordered and decreed that | Frederick H Allison, Esq, and Reginald
  1 expert examiners to inspect the unfinish 1 ed w0~.S of the defendants under said i contracts and examine the accounts and l necessary expenses of the defendants 1T carrying out the said contracts. and a l the earliest convenient time make repor l to this court whether in their opinion and judgment there is a sufficient margin of profit In the said contracts for it tt be to the interest of all parties concerned that the contracts be carried out under contract of this court, that this court relying on the special confidence it has ir the said experts may order accordingly if 1t sees fit"
 Referred to Referee. The order referring the matter to Re- fierce N. W. Trimble was as follows: "On the motion of the alleged bank rupts for the increase of the preliminary bond for the appointment of a receiver and for the increase of the amount of the bond given by the receiver, it ap- bearing to the court that the insolvency of the defendants apd the alleged acts of bankruptcy are denied, and the court desiring to be informed on these facts for the purposes of these motions.
 Tt is, therefore, ordered and adiudged that it be referred to N. W. Thimble Esq, one of the referees of this court to take such evidence as the parties may offer touching the alleged insolvency of the said c. M. Burkhalter & Co.,, and the individuals composing such partner ship and any act of bankruptcy commit ted by them or either of them and the referee will report the evidence taken before him and his conclusions thereon with all convenient speed"
 Affidavit Filed.
 Receiver N. L. Miller filed yesterday an affidavit of his investigations up to the present time which shows that the con. cern of c. M. Burkhalter & Co, owes $45,- 30765 He gives the following list of cred itors and the amounts due so far as he has been able to learn:
 Alabama National bank. ............$ $500. O( Birmingham Trust and Savings
 company ..... ..... ........... 30D.OU Peoples Savings Bank and Trust
 company . ..... ..... ....... 1000 co Steiner Brothers =. ..... .......... 10000 Mayberry Hardware Co,........... 60OO. co Gray Dudley Hardware Co........ 1900. co Moore x Handley Hardware Co.,. 130000 Birmingham Grain Co.,............ 214S00 Western Grain Co.................. 2lOOO0 Shackelford ..... .............. 15O0.00 Fies & Son tmortgage on part of
 equipmenD., ..... .... ........ 10000 nrr frtanr terDe, upf nf