The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-10
FILED In Topeka.
Receivership for Great Western Has
Kansas End

An ancillary or supplemental bill of
complaint brought by John A. Hum
bird, George T. Meyer, Walter Cunliffe,
Alexander P. Wallace, Edwin Water
house and E. P. Tenant as creditors of
the Chicago and Great Western rail-
road asking for the appointment of
receiver was filed late last evening in
the United States circuit court here.
The order of Walter H. Sanborn,
United States circuit Judge for the dis
trict of. Minnesota, appointing Alpheus
B. Stickney and Charles H. F. Smith
as receivers, was also filed along with
the answer Of S. r. Stickney, second
vice president of the road, acknowl-
edging the inability of the management
to meet the demands Of creditors. The
original bill of complaint was filed at
ST. Paul Minnesota and the receivers
were appointed by the court on January
s. The receivers under the courts or
ders are to serve in that capacity until
December 81 1908. a. B. Stickney and
Charles H. r. Smith both reside at St.
Paul, Stickney being president of the
road. y.
The filing of the papers at Topeka in
connection with the receivership was
necessitated by reason of business
done by the railroad an. the state.
Though no action has been taken by
the court here yet it is very probable
that the receivers already named in
Minnesota will serve here. ST..
8. R. Stickney, second vice president
of the defendant road, replies and adj
mits the inability to- discharge the in
debtedness hanging against it in the
following answer:
Now comes the defendant, Chicago
Great Western Railway company, and
for its answer to the bill Of complaint
of the above named compla1nants,
respectfully shows to the court: /.
1. Defendant admits that the
complainants are stockholders and
creditors of the defendant corpora
tion as said bill Of complaint alleged;
and admits that the allegations of
said bill of complaint relating to its
Incorporation and its ownership and
operation of the lines of railway de-
scribed therein, and of the property
and equipment therein referred to, are
true.
.. Defendant admits that it is in
debted in large amounts for money
borrowed equipment purchased, and
other obligations outstanding, as in
said bill of complaint. a large proper
| ton of which indebtedness Is now due
and payable, and large amounts OF
which will become due and payable
during the present year; that DEFEND
ant is unable to pay said indebtedness
now due, and that there is no prospect
| that it will be able to pay said amounty
so due and to become due, in the near
| future.
| 3, DG1endanL IUTpueI anu
alleges that the value of its railway
system, franchises and property, de-
] ponds to a great extent upon the
same being preserved and operated as
a unit and that if the same Is so pre-
served and operated the debts due and
to become due from the defendant to
its several creditors can be secured
and ultimately paid in full, and the
rights and Interests of it's stockholders
and of the public fully protected and
! preserved; that in order to preserve
| its said railway system, franchises ana
| property it is necessary tnat the same
shall be taken into judicial custody.
and that one or more receivers OF the
| defendant, its property and fran
| chises shall be appointed.
A. Defendant admits that Alpheus
3. Stickney. and Charles H. F. Smith
| have been by the United States circuit
court for the district of Minnesota,
| duly appointed such receivers of the
defendant as in said bill of complaint
alleged, and admits and alleges that
they are proper and suitable persons
to act as such receivers.
| 3. Defendant admits and alleges
that each and every allegation in said
bill of complaint contained is true.
Wherefore defendant consents and
nrays that said Alpheus B. Stickney
| and Charles H. F. Smith be by this
court appointed receivers of said de-
| PENDANT and of all its property and
assets in manner and form as in said
rfva we'd