The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-10
ASK FOR RECEIVER
New Turn in Affairs of Uncle
Sam Oil Company.
Judge Pollock Asked to Take
Charge of Property.
TOPEKA MEN IN SUIT.
Judge s. II. Allen and w. j.
Rightmire Make Application.
Say That They Represent Four
Hundred Thousand Shares.
No Formal Action Until Hearing
Can Be Held.

Judge s. H. Allen. of Allen & Allen.
and Judge W. F. Rightmire, acting as
attorneys, filed an application for the
appointment of a receiver for the Tn
Gle Sam Oil company today.
The application was filed in the Uni
ted States circuit court, following a
briee conference with Judge Pol
lock who offered to issue a tempor-
ary restraining order. enjoining the
present management, until a further
hearing on the matter could be had
The attorneys have, however, decided
not to seek a restraining order as sug-
gested but will simply let the matter
lie as it is until hearing can be had
before the court on the petition
The Indictment of Tucker did not
preclpitate this application, said Judge
w F. Rightmire. who was formerly
employed by Mr.. Tucker This has
been quietly going along for a long time
r. b Welch was working to this end
until his death occurred which hamper
ed the movement somewhat There are
stockholders representing from 800, 1000
TO 100000 shares interested in the suit
Every stOckholder in Topeka, and there
are from II to Is Of them is behind this.
We were surprised and disappointed
that the government should step in as
it did There is a fine prospect for the
future of this company if it can be ta-
ken out of the hands. of Tucker who
has nismaEaged it,
Certified copies of the charter of the
company III Arizona were displayed,
and these show that the charter was
additional issue of 100000 shares of
stock.
Tucker returned to Kansas City last
evening still in custody. He Will make
which has been required of him The
bond properly prepared will be sent
down from Topeka this afternoon ready
for signing and it is not likely that
ternoon-
D. r. Hite. ii develops. has aided H |
J. Bone United States district attorney /
largely in the prosecution of H H. |
Tucker, Jr-. for using the mails TO de-
fraud. Hite has been working in the |
Office of the United States district at |
torney at intervals for some time. He /
has availed himself of the law library /
in that office and in addition to look |
ing after his private practice was dele
gated by Bone to act in the Tucker
case.
ii. l.. Thrill of Charlestown. Ill. ap /
plies in the United States circuit court I
for the appointment of receiver for /
the Uncle Sam Oil company and asks /
that H H. Tucker, Jr-, secretary or .
the company. who was indicted Mon /
day for fraudulent use of the mails IN
connection with the promotion or the
company. be cited to appear before the
court and give full account of the
transactions and business of the COM
pany. The petition says:
Your orator prays that a receiver
be appointed to take Immediate charge
of and administer subject to the orders
of this court the property and assets of
said Uncle Sam Oil company OF every
kind and character whatsoever and
the said defendants H. H Tucker and
I n Ritchfe be directed and enjoined
-lk
singular the property and assets
Of the defendant the Uncle Sam Oil
company
Ask for an Injunction
The court is asked to perpetualIy
enjoin either Ritchie or Tucker from
casting any votes or asserting any
rights to the stock in the corporation
which II is claimed was given them as
promoters Of the company and that
the 100000 of preferred stock and
$25OOOO of treasury stock given to
Tucker be cancelled and delivered up
to the corporation
Application is made for the ap-
pointment of a special master or re-
cefver and that the person designated
shall speedily formulate a plan for
further managing the business until a
new management has taken charge or
q reorganization effected
Thrill says that he purchased $500
shares of the capital stock of the Uncle
sam oil company and received a GER
rificate of ownership or Such ShareS OF
stock The purchase was made on the
sIst of November, 1905
He says in his petition applying for
the appointment of a receiver: And
that ever since that time he has been
and still IS owner of said shares of
stock and that shares of stock in said
corporation were thereafter sold by !
the said defendants Tucker and Ritch-
Ie TO great number of other persons
who now hold stock in said corpora
1F he n q hnTr% rcr7 J
lion dollars and your orator AYERS that
he brings this his bill on his own be-
half and for the benefit of all other
of said corporation SINH
arly situated
Charter Is Attacked.
The charter is directly attacked on =
The grounds that the territorial assem-
bly, of Arizona had no authority to
IN the sections of the articles of incor-
ooration of the Uncle Sam Oil COM
pany
The petitions recites: AN dyour ,
orator further alleges that in so far
as said act of the territorial assembly
Of Arizona. and the said charter SO
He'd by said defendant pursuant to
said act attempt to confer on said the
Uncle Sam Oil company as a CORPORA
ton the power to purchase lease
bond. locate or otherwise acquire own /
exchange sell or otherwise dispose of.
pledge, mortgage. hypothecate and deal
in any and all kinds of real and per
soual property or to construct. own
and operate pipe lines. tanks tank
sars. vtaducts and all other apparatus :