The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-27
new TUCKER MOVE
Notion Is Made to Discharge
the Receiver.
Claim That the Uncle Sam
Company Is Solvent.
INVOLVES ATTORNEYS
Blame Is Placed at Door OF
Kansas City Firm.
Statement Concerning Mulvane
Issued in Kansas City.

Charging emphatically that the attor-
neys filing the petition for Involuntary
bankruptcy in the United States DIS
trict court in behalf of three alleged
creditors and bondholders of the Uncle
Sam Oil company are and have been at
torneys for the Standard Oil company,
Joseph q. Waters and A. S. Wilson, at
torneys for H. H. Tucker, Jr., filed
motion in the United States district
court for the discharge of ]. c. o. Morse,
receiver of the Uncle Sam Oil company
The attorneys named as having repre-
sented the Standard Oil company and
at the same time counselled H H
Tucker to commit an act of bankruptcy
are Karnes. New and krauthoH, OF
Kansas City. law firm.
- The motion indicates that Tucker has
discharged his former attorneys, ]. b.
TOmlinson and John Jones, and engaged
Joseph G. Waters of Topeka and A. y
Wilson of Kansas City. The discharge
of the receiver is asked on the grounds
that the petition for involuntary bank
ruptcv is a fabrication of sham and
fraud The hearing on the motion has
been set for May at Fort Scott, at
which time the United States district
court will be in session.
In an intervening petition filed by
Karnes, New and Krauthoff showing
is made TO the effect that the petition
was not filed simply in behalf OF three
bondholders. the three clerks in the
employ of the law firm. but also in be-
half of one N E Smith. a bondholder.
to the extent of $500 and two other
creditors whose claims aggregate about
81 Goo the principal one being that or
the Canvaness Printing company for
some 1915.
The motion filed today follows in part;
Charges in the Petition.
''That the foregoing proceedings
from beginning to end are sham and
false: that the petitioEing creditors, as
they have alleged themselves to be,
were not at the date of the filing of
the said petition, have not been and
ara not now, creditors of the Uncle
Sam Oil company as stated in said
petition: that the bonded indebted
ness set out in said petition as owned
by them was not then, has never been
and is not now, owned by them or
either of them nor did they or either
of them at the date of filing said petit
tion nor since, have any interest
therein; that the alleged act of bank
ruptcy purporting to transfer the
properties Of the company to three
trustees as set forth in said petition,
was done upon the advice of the law
firm Of Karnes, New and Krauthoff,
the attorneys for said petitioning
creditors for the purpose of present
ing to the court an apparent act of
bankruptcy and have had no other
reach or purpose which was never in
tended by any officer of this company
to transfer such property or any part
thereof to said pretended trustees:
that the said H. H. Tucker Jr. was
seen by a representative of said law
firm of Karnes. New and Krauthoff
who sought out said Tucker and came
to him and represented that said law
firm were the attorneys for the hold
ers of a large amount of the stock Q (
said company and volunteered the ad-
vice to said Tucker that the result of
sad Indictment and the stoppage of
the mail of the company by the post
once department would be- that the
stockholders would demands reorgan-
tzatlon of the company and that this
would be easily accomplished and at
small expense by obtaining the APP
pointment of a receiver in the banIx
ruptcy court and that they would file
a petition in bankruptcy in this court
ard have the court appoint 7. r.
Tomlinson. one of the attorneys for
this company, as receiver and that he
would manage the affairs of The cc M
many IN the interest OF the stocl1hoId-
ers during the reorganization period :"
Advised by His Attorney.
The motion then states that ]. B.
Io1nnnson and John Jones. attorneys
for Tucker and the Uncle Sam Oil
company. advised the action suggested
Dy harnes, New and Krauthoff, and
that IN consequence the officers re-
luctantly followed the advice of their
attorneys and committed the act of
bankruptcy
That a trust deed was made turn
ing over the property of the Uncle Som
OIL company but that it was made nv
the officers of the company without
any intention of delivering any prop
erty to the pretended trustees" ac-H
cording to the petition.
That the said law firm of Karnes.
New and krauthofT, not representing
any real creditors of this companv
put fer the purpose of deceiving this
court. counseled and advised the secre-
T Iary OF this company to loan them the
NS2.500 in bonds of this company then
owned by its said secretary. which he
old upon their advice; that said law
hrm of Harness. New and Krauthoff
then flied the petition in bankruptcy
In this court in which they falsely al
legged that said borrowed bonds were
the property of Edwin Camack. Arthur
Miller and John w. Davis, who were
IN fact three clerks in the law office
OF said karnes- New and Krauthoff
and falsely charged in said petition
that the property of this company and
falsely alleged in said petition that the
property of this company had been
transferred to said pretended trustees
when the said firm of Karnes, New and
krauthon knew nc such transfer had
ever been made except on paper and
for the purpose above named
That this company is not inso1vent
bankruptcy"
Tucker Makes Statement
Kansas City, Kan, April 27-Harrv,
Gle Sam Oil company. tells the story
of his fight on 1.-The oil trust in a cir
cular issued by him to the stockholders
last night. The circular also appeals
for $4,000 to be raised by May g. The
EIockholders are asked to express or.
kalneyFl n II ,,I-~