Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-10
WRIGHT APPOINTS
AMBROSE RECEIVER
Court Acts in First Building
Association Case.
G0ULD'S ORDER SET ASIDE
Authorizes the Issuance of a Writ
OF Ne Exeat.
STOCKH0LDER FILES PETITION
Conflicting Reports as to Condition
of ]. Barton Miner-Statement
That Assets Exceed
Liabilities.
G0ULD'S ORDER SET ASIDE
Authorizes the Issuance of a Writ
OF Ne Exeat.
STOCKH0LDER FILES PETITION

-A1N1 JAoAASN w LIZ III VI llIS >'lI~
preme Court OF the District OF Co
lumbia today authorized the issu-
ance OF writ directing the United
States marshal to detain ]. Barton
Miller, the deposed secretary
treasurer of the First Cooperative
Building Association, it was de-
cided, following a conference be-
tween the clerk of the court and
the attorney at whose request the
order was signed, that such action
was unnecessary. No writ was
issued and Mr.. Miller was not dis
turbed at his home in George
town, where he is denied to all
visitors.
Justice Wright, by consent of
counsel, set aside the order OF
Justice Gould appointing three
receivers, and appointed William
f. Ambrose sole receiver of the
association. Mr.. Ambrose saws
he will take immediate steps to
locate the missing books of the
association.
Various reports concerning Mr..
Miller's physical condition are in
circulation, one being that he will
be out in few days and another
that he is dying.
Associate Justice Wright of the Su-
preme Court of the District of Columbia
today authorized the issuance Of writ
of ne exeat directing the United States
marshal to take possession of the body
of J. Barton Miller, the deposed secretary
treasurer of the First Cooperative Build
ing Association. who has refused to di-
Vulge the whereabouts of missing books
of the association and is i'll in his home:
1871 35th street, variously reported to be
rapidly recovering and at the point OF
DEATH. from general nervous breakdown.
TIE writ was not issued however. after
1t had been pointed out by Clerk John r.
Young of the District Supreme Court that
the petition did not contain the necessary
allegations. Attorney W. c. Sullivan, rep
resenting Nils Molin, one of the stochhold-
ers. on whose motion the order had been
signed. decided that the serving or issu-
ance Of the writ of detention was not
necessary
William Earl Ambrose, a member of the
bar. was today appointed by Justice
w "IlSnl SOlc ItCelNeT Vi tue DuljuiHs dS-
sociation. an account of the financial af-
fairs of which was exclusively published
in The Star yesterday The bond of the
receiver was fixed at $4,000. The order
| of Justice Gould appointing three re-
ceivers was set aside. by consent OF coun-
! sci. and no further reference was made
by Justice Wright to the incident of yes
terday in connection with the order.
Long Regarded as Doubtful.
Intense interest in the affairs of the
First Cooperative Building Association
| is being manifested today, principally by
residents of Georgetown. who constitute
nine-tenths of the stockholders. 1t was
| learned this morning that the associa-
| tion has been regarded as in doubtful
condition for about year. largely, if not
altogether, owing to the fact that j. Bar
| ton Miller, as secretary treasurer re-
fused on many occasions to pay the
stockholders their holdings within the
| customary limit of thirty days.
W. \. Hutchins a member of the valu-
alton committee of the association, who
passes on all loans made. and has done
| SO for many years. said this morning he
| is certain the assets of the association
are more than the liabilities and that
everybody will get the money due.
Even If there has been anything rreg
ular.' Mr. Hutchins declared. lit cannot
! make much difference. as there has been
very llttle money 1lat cOul0 De feacneU
| since the books were examined last month
| and pronounced to be in good shape. Per
| soHally j am not willing to believe that
| there has been any criminal action in
| connection with the affair."
| At Mr.. Miller'S Office in Wisconsin ave-
nue. his stenographer and secretary said
today that she had been to see MIR. Miller
at his home last evening and that she
| thought he would be out in d few DAYS
| His wife declared when she was seen at
1 haf ha tinr,
| delirious. Several of the stockholders said
word had reached them that Mr.. Miller
| was dying.
| Personnel of Receivership.
The question of the personnel OF the re-
ceivorship precipitated a discussion among
the various members of the bar represent
ing claims OF stockholders. After listen
| ing to the various reasons offered for and
against a sole receivership Justice Wright
announced that on account of the great
diversity of interests and the opposition
shown by counsel he would designate Mr.
| Ambrose. who had no connection with the
case.
When the petition in the original suit
and the answer of the association thereto
had been read to the court Justice Wright
announced that inasmuch as the directors
of the association neither admitted nor
denied the allegation of insolvency and
to snow that the court should intervene
and name receiver Attorney -. w.
o DonoShue, representing several stock
holders, secured leave to read an inter
vening petition and affidavit made by
himself.
In it he said he had watched the af-
fairs of the association for more than a
year and had recently used his influence
with number OF attorneys to prevent
the company going into the hands Of re-
ceirers. He attended the last annual
meeting and advised plan of reorgan =
ization. which. he declared was opposed
by MT- Miller, the secretary-treasurer.
Mr. ODonoghue declared that Mr.. Mil
Ter had threatened to resign if any effort
was made to call In special auditor to
overlook the company's financial ac-
! counts. He told the court that Mr.. Miller
had forced his own reelection by the use
of what the speaker called ''forty-one
doubtful proxies He further declared
Continued on Eleventh Page)