The Montgomery advertiser., 1905-02-26
States for the Middle District of Ala

bama. In Equity.
 North American Trust Company versus Montgomery Traction Com pany, -.,r e
 This cause coming on further. to be heard on the verified bill of complaint in this cause, and~the motion of coun- sel for complainant for the appoint ment of a receiver, and upon the rule issued heretofore requiring the defend- ant to show cause if any it had why receiver should not be appointed, and it appearing to the court that the rule to show cause has been served in am- pie time for the defendant to appear in opposition thereto. and the defend ant making default therein. 1t is there. upon considered and decreed that the complainant is entitled to the relief prayed and that k. E. Winters, who is recommended by complainant, and Is not objectionable to the defendant, be and he Is hereby appointed receiver of all aand singular the property, as- sets. rights and franchises of the Montgomery Traction Company in the county of Montgomery and State of Alabama or elsewhere. and which is more particularly described in the mortgage and bill of complaint here in, including all railroad tracks, ter minal facilities, real estate. ware- houses, offices, stations, and all other buildings and property Of every kind now held or possessed or controlled by said company together with all of the property used In connection there with and all money, choses in action, credit, bonds. stocks concessions, leasehold interests, operating con- tracts and other assets of any kind. and all other property, real. personal or mixed held or possessed by it, and that said receiver Is ordered and di- rected to take immediate possession of all and singular the property above de- scribed wherever found. and continue the operation of the railroads of said company and its business of carrying passengers and the discharge of all public duties obligatory upon said company; and the said receiver as soon as practicable will make and file in this court an inventory of whatever property or whatever kind shall come into ms possession under this order.
 Must Turn Over Property.
 It Is further ordered that the Montgomery Traction Company, its of ncers, agents, directors and emuIoyes are hereby required and commanded forthwith to turn over and deliver eo such receiver all the property, books papers, deeds, leases, contracts. con- sessions bills, notes. accounts, money, or other property in his or their hands
 
 10 the Montgomery Faction Company: and that each of them and all other persons Whosoever are enjoined from interfering in any manner whatever, with the possession and control U, inc receiver, or his taking possession of saAd property. or with his possession after 1t is acquired. or with the man agement of any part of the business or property over which said receiver is appointed.
 The receiver is hereby directed to continue the operation of the railway or said company and to manage it's property at his discretion in such manner as will produce the most sat isfactory results consistent with the observance of the public duties im- posed upon said company, and to col feet and receive all incomes arising from it's business and the operation of said railroad, and to collect all debts due said company of every kind, and for such purpose he Is hereby invested with the power and discretion to em- ploy, discharge and fix the compen- sation of all such officers, managers. agents and employees as may be re- quired for the proper discharge of the trust as defined In this order. Said receiver Is authorized and empowered to Institute and conduct all such suits as may be necessay for the proper pro- lection of the property of said com pany.
 Tt is further ordered that before en- tering upon the discharge of his duties as such receiver, said E. E. Winters shall give bond conditioned according to law in the sum of 15,000 with sure- ty to be approved by the court or a judge thereof for the faithful dis charge of his duties.
 Done in open court this. the 25th day of February 1905.
 Thomas G. Jones,
 United States Judge"
 Soon after receipt of the order from the court Major Winters qualified as receiver by filing a bond for $15.Ooo made by the National Surety Company with the clerk of the court. The bond was approved by Judge Jones and Ma 1or Winters immediately assumed his duties as. receiver of the Traction Company.
 Statement of Receiver
 Major Winters when seen vesterdaY afternoon said:
 T am absolutely without informa- tiOn as to +he bill filed hv tho Nyor+b