Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-10

certain claimants had forcefully re-
marked:
Il will pay them as 1 see fit. and as
their need is made apparent to me-
Asks for Ne Exeat Writ.
On motion Of Attorney w. c. Sullivan.
representing Nils Moln. stakeholder of
the First Cooperative Building Associa-
ton, Justice Wright authorized the is
suance of a writ of ne exeat, directing the
United States marshal to take possession
of the body of J. Barton Miller, the re-
Gently deposed secretary-treasurer of the
association, but to give his liberty on the
furnishing of a good and sufficient bond
to assure him remaining within the juriS-
diction Of the court.
The writ was based on the petition Of
Mr.. Molin, in which he AYERS that
the moneys. books. papers, records, as
sets and property were intrusted by the
defendant officers and directors and by
their predecessors in Office, to the care
and custody of J. Barton Miller. secre-
tary-treasurer and director of the as
ISOLATION: that, at the annual meeting of
the stockholders, the fourth of June, Mil
Ter reported that the assets of the assc-
citation were then far in excess of $500.
600, and those assets should still be in
his official custody. in the Office of the
defendant association, but that they have
disappeared, and neither the petitioner
association. with the exception of Miller,
has any knowledge whatever as to their
whereabouts.
In Case of Departure.
If he should be permitted to depart be-
yond the jurisdiction of the court with
out first restoring the same, it is added,
neither the officers, directors or stock
holders, nor any receiver or receivers who
may be appointed by the court would be
able to ascertain either who are the per-
sons indebted to the defendant associa-
ton or who are entitled to share in the
distribution of it's property and effects.
Mr.. Molin also charges in his petition
that the officers and directors of the
association were remisS In allowing
Mr.. Miller to serve as -secretary-treas-
urer Of the association on SO small a
bond as $4,000. This sum, it is alleged.
has at all times been grossly made
quate." He declares that the persons
responsible therefor should, In equity
and good conscience. be required to re-
imburse the stockholders and other
beneficiaries under their trust for the
loss by them thereby occasioned, and
that the receiver or receivers when ap-
pointed by the court, should be author
ICED and directed to enforce this la
bility.
After the order of Justice Wright had
been signed directing the issuance of a
writ of ne exeat. Clerk John r. Young of
the District Supreme Court contended
that the petition did not contain the nee
essary allegations on which such a writ
should be based. Attorney Sullivan de-
cided not to have the writ served or is
sued remarking that it will probably be
unnecessary to have an order of deten-
ton served.
Courtroom Crowded.
Justice Wright's courtroom was crowded
to the doors this morning with lawyers
and others interested in the affairs of the
First Cooperative Building Association
Many lawyers appeared and secured per-
mission for their several clients to inter-
vene. in the suit brought by Attorney
Wilton j. Lambert against the associa-
ton Others were present to witness the
outcome of the announced determination
of Justice Wright to set aside the order
made by Justice Gould appointing re-
ceivers.
These latter spectators were doomed to
disappointment II they expected any fur
Their announcement by the presiding JUS
tice
When the case was called Attorney
Lambert arose. and, addressing the court,
stated that counsel had agreed that Jus
tice Wright should sign an order setting
aside the appointment of receivers and
that the pleadings be heard by Justice
Wright and the receivers he ma mod INV