The Birmingham age-herald., 1907-09-12
Full Recourse at Law Had Not
 Been Taken
CONDON SCHOOL OPENS
W. L. Clay Recalls Some of the Large Undertakings in Which the South Has Taken
 the Lead.

buh6t DdN Ill U. S4elDN or the | nlie States court of appeals, has denied che motion to have a receiver appointed for the North Georgia Electric company, d railway and power company engaged in business al Gainesville, Ga. The petition was filed by attorneys representing John A. Nesbitt capitalist of Ohio. Nesbltt claims that the defendant company is n- promissory note, which was indorsed by D. NJ. Stewart president of the company. Attached to the bill was an agreement signed by the North Georgia Eleo .rlc company by D. NJ. Stewart, president, consenting to the appointment of a re- ceiver.
 Judfle Shelby denied the motion to ap- point a receiver in memorandum of req sons therefor, In which he states that the averments of the bill do not make out case of insolvency, nor do they show that the complainant has sued and obtained judgment at law against either the 1e- fendant company or the indorser. D. 51 Stewart. and therefore do not meet the requirements of the rule that one seek ing relief In equity should have first ex- hsusted his remedies at law.
 Though there is an agreement that the receiver be appointed, it is, nevertheless, states Judge Shelby, not shown that D. M. Stewart, who signed the agreement for the company. had the authority to do so or that there was meeting of tho directors agreeing to a recevership or authorizing the president to so agree. The court holds that President Stewart hdv- ing interest adverse to the company has no power that should be recognized in the petition for a receiver.
 J. A. Edge. attorney for creditors in Cincinnati, has filed a petition in the Uni- ted States court here, asking that the assets of the Tuthill- Patterson Manufac- turing company of Sheffield, be placed in the hands of a trustee. The complanants allege that the corporation is bankrupt
 John Davis walked off of the back porch of the Baker boarding house while wandering about the premises in his sleep and fell to the yard below. breaking hs hip. He was found in an unconscious condition by a policeman. Davis was un- able to tell how the accident occurred.
 The third year of the Conder Train,ag school begun yesterday with interesting exercises. The enrolment of pupils was 12S, three more than the limit, The kev. B. G. Mitchell the Rev Marvin Heflia. the Rev. C. T. Culpepper, Professor Con- der and W. l.. Clay delivered addresses. The latter spoke of the energy of the southern people and their industrial achievement of the past. He said that the first steamship that crossed the ocean steamed out of the harbor of Savannah, that the first successful railroad was op- erated between Decatur and Tuscumbla, the first successful street railway was in Mobile and the first public water works was established in Huntsville.
 He recalled the fact that Philadelphia, when considering the question Of estah- fishing water works in the early thrties, sent a delegation of prominent citizens 10 Huntsville to get plans and speciiica- tions of the plant that was in operation here at that time.
 Several members of the football team of last year have re-entered the school, and the material for this years team Is above the average.
 The Mer rimaek Manufacturing company has given the Draper Loom company or Hopedale Mass. a $60000 order for new looms to be placed in the mills here. The order is for 100 looms of the most im- proved pattern. They will replace old looms that are not up to the standard of efficiency.
 Albert F.. Matthews. a well known and popular citizen of Huntsville, died Tues day at the city hospital after an illness of several weeks with fever. He was n son of the late Ben Matthews. who died in July, and was brother of Luke Maj thews and Ben Matthews of this city, Mrs l. W. Scott of Big Springs Tex; Robert D. Matthews of Big Springs, Tex; Mrs. J. II. Allison of Chattanooga, and Mrs G. F.. Fleming of Monterey. Tenn His widow and one son survive him. Mr Matthews was planter, and for several years vas engaged in the wire brokerage business in this city.