The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-07-31
s,ea oniE ths prayer tor a reeelver eeing
Judge Mullcn's Opinion.

u @lyhiAOth
tudss Mulien's opinion is very tho.
roueli and comprehensive document, and
deals al length with every Important fea-
I &urc of the case. The defendants de-
+ murrcr to the plaintiffs bill on the
4 grounds OF n,isjoindcr OF parties and null
4 Gfariousness Is not sustained because
under the statute OF Virginia., passed IN
lSos. ,nisjcinder OF parties is not alone
E sufficient ground for demurrer. and IN
the opinion sof the court mtltifariousness
does not exist In this case.
The opinion considers at great length
E the facts and legal questions involved,
4 citing numerous authorities and similar
& cases, and after a. comprehensive review
OF tho financial history and present con-
Il dillon OF the Virginia Passenger and
Power Company, decides for receiver
shIl5 In the following terms:
With these complications and controVcr-
b sics to adjust, and with the well cstab-
& lished fact. In the Judgment of tlc court,
q OF the defendants utter insolvency. whict
y ID becoming intensified from day TO day.
with no hope Of lettering its conditions
II II needs the citation OF no authorizes 70
sustain the conclusion of the court that
a receiver or receivers must be appointed
tostnke possession OF the property, rights,
assets and franchises of the defendant
company, and operate the same under
f the direction Of this court until the deb,s
4 outstanding against said company with
Hi
established, and the court Will SO order
and decree. IL
1t declines at this time to entertain the
prayers of the compliments to cn1oln
the several defendants as to the several
matters for which they ask for an In
s. Junction or to appoint receiver or re-
ceivcrs in connection with these matters.
Asked for Suspension.
After the reading of the opinion, which
i consume ed a little more than an hour, Mr.
e NJ. NJ. Martin, Of counsel for the Nir-
# ginia Passenger and Power Company, ell l
tered an appeal from the decision of the
sS court asking for n suspension Of order
for ninety days,in which time the appeal
would be prepared. Mr.. II. B. Davis OF
counsel for the plaintiffs, asked the court
4; to allow tho decree for receivership TO
q be first prepared and then to take UP the
matter OF a suspension of order.
i Judge Mullen announced, after deliver
Ing his opinion, that he was dealing With
the case on the broad ground of the In
solvency of the company. and that "
1 was his desire and purpose to appoint a
receiver or receivers, who would manage
the affairs and operate the lines of the
Virginia. Passenger and Power Company, !
I to the best interest and advantage of the
company.
Counsel agreed that the recoivcrship
decree should DO presented to the court
D. II
len. and shortly before i o'clock a recess |
{ was taken until the appointed time.
Present Managen1 Good.
Y j t Is WHfthy Of especial note that In his
elaborate and carefully prepared decision,
based upon a careful study and thorough.
analysis of the entire prayer OF the COM
plainants, Judge Mullen specifically and
&unequivocally commcnds tho management
of the properties by the Goulds and their
agents and the operation of the lines by
them. Judge Mullen says X on this polnt:&I
When we come TO consider I he condition
of this company at the end of its first
year December 81, 1909 under Its pres
5ent management We find that5its $finiin-S
$cial condition and embarrassed plight
have not been improved bySa reduction 1
ofiits$monicd obligations or by an adjust,
51nent of the complications in5which3 1T Is
Involved. 1t does appear, however. that
Its credit has grea tly8 i'm proved, and this
through the financial assistance of the
defendant. Goud3
The court does not pass upon the con-
tention of the Goulds that tho company
Is Indebted to them In the sum Of several
hundred thousands of dollars, for which
they have no security, but suggests that
nothing but u rigid accounting can dis
close The condition of&the properties.