Pine Bluff daily graphic., 1907-09-01

caustic in his arraignment of the Yorks in their conduct towards J. F. Rutherford, who had devoted his lifes work, energies and superb abilities in the success of building up the busi- ness into it's present large magnitude. Incidentally he reviewed the many financial embarrassments through which the company had passed suc- cessfully and referred to one deal, which was piloted by John F. Ruth erford alone, in which Rutherford, York, Samstag and D. H. Duncan made cool million dollars. This was a timber deal in Louisiana known as the Standard Lumber Com pany deal, and while he was financ- ing the deal, MT. Austin charged, ef forts were made by the officials of the Bluff City Lumber Company, for i i when V 4fes4a the the deal was being made, to prevent it. Later it was shown that with Mir. Rutherford in the deal and 1 the four men made a net profit of $250,000 each.
 The final argument for the defense was made by Nick Can't of the law firm of Bridges, Woodbridge and Can't. He cited many authorities which he said substantiated the con- tentions of the defendants and made a good impression on the spectators. He was preceded by F. G. Bridges, whose argument was along the same lines. He also referred frequently to MT. Rutherford sarcastically and charged that he was trying to use the finances of the Bluff City Lumber Company to further his own interests and for his personal gain.
 Chancellor Elliott rendered a most conservative decision. He granted the injunction of the petitioners, re- straining the Bluff City Lumber Company, it's officers or agents from checking out, using, diverting or in any manner interfering with the CASH dSSSlS Ol IllC COlApduy AOW OA hand in the vaults of the Bluff City Lumber Company, the Merchants and Planters Bank and Simmons National Bank, of this city; the Bank of Con- merce and Third National Bank, of St. Louis; the First National Bank of Kansas City, or any of the private Repositories, or changing the status of the company's business Or book entries.
 He also instructed Captain J. B.. York and MT. Rutherford to get to- gether and amicably adjust the diff ferences between them. He specially requested that these two gentlemen settle their differences without the assistance or interference of Robert York or anyone, Robert York being secretary and treasurer of the Bluff City Lumber Company, and also gen. eral manager of the company's plant here. Chancellor Elliott gave them until Wednesday morning to reach an agreement. He held that the con- tract entered into by the stockholders of the Bluff City Lumber Company was binding. This contract was made in 1905 and in it the stockholders agreed that if at any time they failed
 to get along harmoniously, all or either of them could go into the courts
 .1~ 1iccn1lvfiNr disposition of the company's affairs.
 There seems to be some misunder- standing regarding the courts ruling and owing to rumors which were in circulation on the streets, Chancellor
 Elliott called the attdeneys to his office in the afternoon and made 9
 statement to them regarding his rulA ing and stated just what he meant by
 certain provisions.
 Maybe I didn't make myself clear
 to you this morning." he said. Do
 not think that I have taken full juris-
 diction of this case for one moment.
 That was not my intention to be un- lderstood that way. The corporation
 law does not apply to this case. It
 has nothing whatever to do with it.
 as I see it. My ruling was for one
 purpose to get these men to reach an amicable agreement. This suit was
 brought mainly on the contract
 which was signed by the stockholders
 in 1905. I know positively that this
 court has jurisdiction as to the con,
 tract. I instructed J. B. York and J
 F. Rutherford to settle their differ
 ences before Wednesday, They ought
 to be able to settle the matter satis factorily. I am not now taking juris'
 diction of the entire case. If I car
 avoid doing so, I will, But there i' ! ThoCo n0rtiat