The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-08-06
Judge Mullen Refuses Applica-s
ton for Suspendii1g
Order.
NAMES GE GORGE CAMERON, JR.
hIfaLSecond Receiver Seem Dcsir.
able He May Appoint An
other One Later On.

morning refused tho application OF coun-
sci fors the plaintiffs In the Fisher
Gould case for a suspending order re-
4 straining the execution OF the decree or.
receivorshlp OF the Virginia Passenger
and Power Company for ninety days.
Judge Mullen appointed Mr. George
Cameron. Jr,of Petersburg. receiver OF
the company.
The court met at 1i:So with Messrs
u r. b, Davis, William 3. Mc1lwaine and
Ezra 3. futile. Of New York. present
as counsel for the plaintiffs. and Messrs.
II H. W.. Anderson and Frank w. Chris.
ton, OF Richmond and Mr.. w. r. Me-
1ienney. counsel for defendants.
81 In passing upon the motion OF the de-
PENDANTS TOR suspcndlng order unaer.
section 1854 Of the Code or Virginia. tile
court held that tho order appointing q.
receiver was un appealablc order, and
that ordinarily the word may IN q
statute will be construed to mean 4 shall Y
wi,enever.athe right OF the public or OF
third persons depend upon the exercise Of
the power to perform the duty to which
Il II refers. but that In determining " hat
d is the proper meaning OF the word re-
fcrrcd to previous Legislation in the prnc-
fticcS OF the courts on the subject shall
n be had
.s n ss5 JUDICIAL DISCRETION. 8
1T held that independent Of u statute
Il The real court has a sound judicial dis
& erection 10 refuse or era mt q stay Of pro-
81 ceedinRs for good cause shown That 8t he.
party ought or ought not to be q flowed
10 proceed and * that IF section a4N4
ar The Code merely limited this interest,
81 power as to the time In which u should
n be exercised by the court. but was n OF
intended to take from It the exercise Of
Its discretion. 4. s FIJI 81 sE3
The court further held that under The
III peculiar circumstances of the SO the
Il granting Of the suspending order asked
for would 4unnccessar!l delay the plain.
this In their efforts 10 secure a speedy
hearing In the Circuit Court 81 OF the
United States, and that & the refusal to
4 grant such an order could not Injurious
55ly affect$the defendants. For these rea-
sons the&Scourt declined to grant the
#susnending order III
The appointment of a receiver was Their
considered by the court. md judge Null
34 len stated hat He would appoint ono re-
sgcefver now and, W. II at a later time It
y became ad visa biz, s he would appoint a
" second one. Counsel for the defendants
~ raid that. OF course. they opposed the
II appointment OF any receiver OF the Vir-
554f pinJa Passenger md Power Company,
but tina q they agreed that one was pre-
fcrablc to two under the present condi.
81 ions. AZ S. *
Mr.. Henry T. Yickhanl. OF Richmond,
was discussed as the receiver, md coun-s
We, Tor plaintiffs stated that Mr.. Wick
"a ham was entirely satisfactory to them,
/. but they considered him ineligible to a p
pointment by this court as he had al.
ready been appointed by3 another court,
nd was in II tne discharge OF his duties.
They then suggested Mr.. George
cameron, Jr.,S of etersburg, as a man OF
recognized ability. and experience In busi-
ness affairs, and cnlinently fitted for the
Il rcceiversi,ip. Counsel for The Ok fendants
stated they8did not know Mr.. Cameron.
4 but that inso far as they knew there
Il wa s no objection to him. ~ u;
ONE OF THR EE.
s8glt#| Judge Mullen then told counsel on both
II sides to select a receiver from a list Of
II three names that he gave them and
after short conference. Mr.. George
Cameron, sJr., was selected and, there
III fore, ppointed by the court receiver OF
the Virginia Passenger and Power Com
pany. =is ss5
S5t Mr. Cameron is n prominent business
man Of this city. formerly ass ciatcd
with tue Cameron & Cameron obacco.
& manufactures: he Is chairman OF he!
Finance Committee of the Common
\ Council and a. member Of the boar Of
n directors of the National Bank OF Peters
y burg 38 " s55 n I
4 After the appointment the matter OF
the receivers bond was then considered
ii by the court. and the amount fixed ut
s25,ooo, which may be increased if5sad-
u visable. u Ii Il 81 55
The court appointed Messrs. Alexander
Hamilton, r.. B. Davis and w, 3. Mo
1lwaine, counsel for the receiver.
IF The decree OF reccivership directs the
. receiver to intervene In the United
States Circuit Court. and asks that the
z, order OF that court appointing receivers.
under which order receivers have ken
A possession, be vacated, and that orders
be entered turning over the property IL.
as the State court, b Fl 5 AZ sts
AN APPEAL.
Messrs. McIlwaine and Davis, OF coun.}
\ sci for the receiver, this afternoon took
4 copy OF the decree and OF the quail
f!cation Of the receiver ana will as
soon as possible apply TO the United
s States Circuit Court to have the property
81 OF the Virginia Passenger and Power
ii cor, p ,n & taken from the receiver a p,
rolnted by the District Court and turned
over to the receiver. Mr., George Cameron.
u.s. appointed by Judge Mullen, OF the!
Hastings Court OF Petersburg,
MI. Cameron qualified this afternoon
4 as receiver OF he Virginia Pa ssengerS and
Power Company. giving the bond Of
s25cW furnished by the United States
II Fidelity and Guarantee Company, I,
S5 "A, n. ILL CAM P, II i Il.
s8sa A. F. 4 Hill Camp OF onfederate Vet-
9s Grams by unanimous VOTE, Mt tho
monthly meeting last night, decided to
attend in. a. body tho Grand Camp AZ
+ 51ynchburg, on Sept Der 18th next. and
to take part In the parade on that
day. III si ~ ~
The Rev. NJ H !. Hill, rector OF Christ
Church. Canaan, Conn., will fill the pule
nit Of Grace Church during the month
OF August as a Temporary supply, II j