The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-27
GIVEN A CLEAN BILL.
! Judge Hazen Decides for Receiver
I Morse in Tucker Case.

oiy HIore testimony rejecting on the
SAFE OF tar to G. A. Stannard by j. G.
~: Morse, receiver for the Uncle Sam
Cll company, Albert Wilson, attorney
LOT ii. H. Tucker Jr., spent the after
noon of Tuesday in fighting the $3.50
attorney fee granted to Charles Will
Jams, and the $3.50 expense bill of J..
Z. u Morse. Wilson commended that the
attorneys fee was excessive because
no SUITS had been brought under the
advice of Williams or contracts drawn
up by the receiver under advice of
| Williams. He insisted that 1868 was
all the money that Morse could draw as
receiver under the federal statutes.
| These arguments used up the great
er portion of the afternoon but Judge
| u. L. Hazen held against him. The bill
OF exceptions filed by Wilson covering
| tn1S feature and the claims of misman-
agement of the oil property which in
] GUIDED the sale of the 22,0 900 barrels of
tar were overruled and ]. c. o. Morse
was given clean bill of health.
In passing on the bill of exceptions
| the court said:
Some of the exceptions filed to this
| report ought to be disposed of at this
| time, and especially this exception in
which the receiver is charged with cor
| ruption.
THE referee has been liberal in allow
| ing testimony heard to these exceptions,
| because it was believed that this
charge being made under oath, must
hove had some foundation, and that it
was the duty of the court to find out
whether any such condition existed and,
on the other hand, if it was not true,
that the fullest investigation should be
| allowed, so that the receiver could es-
tablish the falsity of the charges.
Now, what has the testimony in this
case developed? What has it shown?
1t may have been little arbitrary for
the referee to refuse to listen to counsel
upon this question, but 1 felt then, and
feel now, that there has not been one
word of evidence offered that reflects
in the least upon Mr.. Morse. On the
contrary, all of the evidence offered
sustains him and is against the conten-
ton in this exception. The principal
complaint was, and it is charged under
oath, that Mr.. Morse, as receiver of
this court, had an offer of $4,000 for
the tar that he afterward sold for be-
tween 81 600 and So, 1000. Now, what was
the evidence on that2 What showing
was there, that would justify that
charge even being made? Testimony
that was produced by the persons fill
ing these exceptions shows that that
was not true. Mr.. Morse testified that
80 cents was the best price he could
get for this tar, and that after some
effort he sold it at that price. He tes-
titled that he had a conversation with
Mr.. Mckinley, the trusted empIoye of
the Uncle Sam Oil company; that they
taxed the matter over, and discussed |
the price of tar, and Mr.. Mckinley was
here in the court room, and could have
been called to the witness stand and
testified to the contrary, if Mr.. Morse's
testimony was not true. Therefore, we
start with the proposition that Mr.. Nc
Kinley, in company with Mr.. Morse,
talked and discussed the sale of this
tar at 35 cents a barrel, and it seemed
to be satisfactory. Now, Mr.. Faust |
was called upon the witness stand and
what did he testify? He is an expert
oil man, has been engaged in that
business for years, and he testifies that
that was a fair price for the OIL and
shows by his testimony cOncluSiVely
"a well UarSAd and we'll 9dViS- |
ed in relation to the price of Oil, and
how it ought to be handled. Now, Mr.. |
Tucker himself does not Substantiate |
this charge while upon the witness !
stand He doesn't claim upon the wit |
ness stand as is sworn to in this af- |
fidavit, that Mr.. Morse was offered $15,- |
900 for this property, and then after |
ward sold it for between $1,000 and So |
OOO He doesn't claim anything of the |
kind Therefore, the referee declines |
to listen to argument upon PROPOSE
ton plain as that.
considerable complaint is made be-
cause Mr. Morse has not taken proper
care of these plants. What does the
testimony show? Mr.. Faust, who was
employed by the Uncle Sam Oil COM
pany whose employment was continued
by Mr.. Morse, and is now in the employ
of the trustee, Mr.. Goebel, testif1es that
the property was we'll taken care OF,
and that he had personal supervision
over the property, and that the best
there is no testimony here of any kind
or character proving or tending 70
prove that Mr.. Morse did not give this
property proper attention.
Now yesterday / saw these charges
published to the world, that Mr.. Morse
was charged by these exceptions with
corruption, and yet counsel has not in
troduced one SYLLABLE of evidence sus-
tanning those contentious. They ought
not to have been filed because take it
parties have no right to file in court
affidavits unless they have some evil
dence to sustain the affidavit they put
on file. People read these accounts, ,
thew go out through the newspapers,
ref1ecting on mems characters and they
get the impression from charges of that
kind and probably never will see any
exclamation of it and that impression
STAYS with them. 1t is too easy entirely
to come into court and under the pro,
lection of the court file an1daV1tS ana
make charges that reflect on the CHAR
acter of men and there ought to be
some way of stopping just such charges
as we find in this affidavit against men
who have lived here in this community
and this state many years. men OF char-
acter and standing. They ought not TO
have to meet charges of this kind I'M
less there was at least the colorlng OF
truth for making it.
Now in regard to these matters IN
this report; in regard to the payment
for the bond and the sending out or the
re port to these matters, don't think
there is any question but what they
ought to be allowed. The only question
Is the amount of the receivers allow
ance 1 will leave this matter open, at
torneys to brief it, because they seem
to disagree as to what the law is in re-
gard to the allowance of receiver.
II had hoped we would get along
without any of these charges being
made but it seems not and I was sorry
10 see a charge of this kind made but