The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-22
NEW ORDER MADE
IN LOOKOUT CASE
Receiver is Restrained From
Further Action
CREDITORS FILE PETITION
Receiver Cannot Issue More Receiv-
ers Certificates Until the Further
Orders of the court-Hear-
ing Set for March %.

Montgomery, March 21.-(Special.)-At
Chambers today in the United States court
Judge Jones heard the petition Of James
& Co. ct al, creditors of the Lookout
Mountain Iron company. whose claims ag-
gregated about sS5, 900 on their petition &c
adjudicate the Lookout Mountain Iror
company, bankrupt, which had previously
been put in the hands of a receiver on the
suit of J. G. Battelle and others. The
retitioning creditors were represented by
John W. Tomlinson of Birmingham and
White Martin of Chattanooga.
Judge Jones made the following order:
In the District Court of the United States
for the Southern Division of the North
ern District of Alabama-In the Matter
of the Lookout Mountain Iron Company,
In Bankruptcy.
James & Co., ct al, claiming to be
creditors of said Lookout Mountain Iron
company. having on the 18th day of
March, 1906. filed their petition herein. al
leging that said Lookout Mountain Iron
company has committed an act of bank
ruptcy, and praying for an adjudication
of bankruptcy thereon, as more fully APP
pears from said petition and amended pc
tion and the said creditors having pray
ed for receiver herein alleging that the
same is necessary to preserve the rights
of creditors, and among other things,
that the receiver appointed by the United
States circuit court for the southern divi-
sion of the northern district of Alabama.
in the case of J. G. Battelle, and others,
against the Lookout Mountain Iron COM
pany, was appointed on a bill which is
eollusive, and that the power conferred
upon the receiver appointed in said cause,
If allowed to be executed. will result in
great hardship and loss to the unsecured
creditors.
And Whereas, the court is not now fully
advised as to the exact conditions of the
property or what is necessary to conserve
the same, as provided in the order APP
pointing said receiver, and has set down
the hearing of the petition for a receiver
in this bankruptcy proceeding for
Wednesday. the 2Sth day of March 1906,
al 10 M, at Montgomery, Alabama. the
court is of opinion that the receiver here
tofore appointed should he restrained and
prohibited in the exercise of the powers
conferred upon him in the order appoint
ing him in the particulars hereinafter
named, and,
Tt is thereupon ordered adjudged and
decreed that Charles A. Stillman, the
receiver heretofore appointed in the equity
suit mentioned. be. and he is hereby. re-
strained and enjoined and prohibited from
borrowing any money and from issuing
or negotiating any receivers certificates,
except in cases where he has already re-
eeived the cash for said certificates, before
notice of this order, in which event he
NAV execute and deliver the certificate:
and he is further enjoined and restrained
until the further orders of the court from
making any repairs or improvements upon
the blast furnace; and he is further re-
strained and enjoined from selling or dis
posing of any of the property which came
into his possession as receiver until the
further order of the court; but he may use
so much thereof keeping an inventory and
account thereof. as may be needed or
used in the payment of labor or other
wise in the ordinary operation of the
plant, which is permitted temporarily to
work up such raw material as may be on
hand, and for such other expenses as may
be absolutely necessary to prevent waste
OF harm to the property, including the
keeping of the mines free from water.
This, March 81. 1906
Further hearing of the case was set
for March IS.