Evening star., 1907-08-02
ORDER IS CONDITIONAL
Ratification of the Sale of Ana
Iostan Island.
COURT TAKES ACTION TODAY
Parties in Interest Given Thirty Days
to File Objectionsc.
SUBSTANCE OF THE PROTESTS
American Colonization Society De-
+ clares Willingness to Take Over
Property at Price offered.
SUBSTANCE OF THE PROTESTS

Justice Barnard. presiding in the Equity
Court. today conditionally ratified the sale
of Anaiostan Island to David Moore. agent
for H. H. Carr. who represents New
York amusement company. the price stipu-
lated being 100000. The order to be signed
will declare the sale confirmed unless cause
to the contrary be shown within thirty
days. The court expressed willingness
to sign an order Of final confirmation. but
on being notified that an appeal would be
taken from such final order. 1t was deemed
advisable to make the order "nisi' one.
Strong opposition developed this morning
at the hearing on the rule issued against
all the parties in interest at the instance Of
Blair Lee and John D. Coughlan. in whom.
as trustees, reposes the title to the prop
erty. to show cause why the sale should
not be confirmed. Attorney w. G. Johnson
entered his appearance as counsel for the
American Colonization Society, which holds
$4,000 of the indebtedness on the island. as
we'll as tax claims amounting to 5000
more. The society had been previously
represented by Attorney ]. ]. Darlington
who. it is understood. has withdrawn as
counsel.
+ Mr.. Johnson stated that he was retained
only last evening and had not had an op-
portunity to consider the adequacy of the
amount offered for the purchase of the
ton of the sale on the technical ground
that the order of the Equity Court placing
title in the trustees. provided only for
public SALE and he was advised, he stated.
that no public offer of the property had
ever been made. In response to an inquiry
by the court as to whether he knew of any
better offer that could be secured. he frank
Iy admitted he did not. saying he had not
yet been fully advised by his client.
Urged Disregard Of Objection.
%Lo
and counsel for the Washington Orphan
Asylum the largest creditor of the estate.
urged the court to disregard the objection
of the American Colonization Society. char
acterizing 1t as inequitable. He also sad the
claim was too small-s14.OOo out of a total
debt of $123, ,OG0-to be allowed to interrupt
or 'retard this sale. which he declared meant
so much to certain charitable institutions
whose money was. tied up there. He
claimed that Attorney Darlington had been
consulted as the negotiations for the sale
progressed and had acquiesced in the
amount for which the sale was to be made.
This remark brought Mr. Darlington to
his feet. He entered disclaimer of haV-
ing acquiesced counsel for the society,
ington Orphan Asylum he had ratified the
proceedings. He admitted In answer to
query of Justice Barnard that he thought
the sale an excellent opec =: i "a
justice Barnard auUOuHCeu utlci
tioa to- Immediately confirm the sale. and
Attorney Johnson noted an appeal. (which
would have tffs effect of carrying the mat
ter over until fall After consultation of
counsel favoring the sale 1t was decided
that 1t would be better to take a -condi-
tional order for thirty days, in which to al
low Mr.. Johnson time to consider the posi-
ton Of the American Colonization Society
III IT'S opposition to the sale.
Petition Of Colonization Society.
The position of the society is understood
to be that the price offered Is inadequate. as
It will not pay of the entire Indebtedness
on the property.
1t Is also said the society Is willing to
take over the property at the figure offered
and hold it for a rise in values. which many
think will come to that neighborhood short
ly It Is limited that the island can be
sold to the Wabash railway interests and
a remark was overheard today that party
had seen drawing showing Analostan
Island traversed with railroad tracks. No
corroboration, however. OF these sug-
gestlons could be secured.
When John d. Coughlan. co-trustee with
Mr Blair, was asked If the thirty-day post
ponement would have the effect of killing
the sale he answered that he was not ad-
vised as to the effect such a delay would
have on the negotiations