Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-06-29

eating in all, s73.sO7.ss. were issued
this morning by the clerk Of the dis
trict court against the b. n. Lewis
Lumber company. and will be levied
on the company's property this after
noon by Sheriff Mcdonald. The ex-
ecutions are as follows: Exchange
National bank. 364,325.90. and $40
costs against the Lumber company;
also Exchange National bank against
the Idaho Northwestern railroad,
Sl265.S7, and $40 costs: VIM. Con-
molly against the Idaho Northwestern
railroad, R5,3OI.6O and costs amount
ing TO $5ls.s0; John J. Connolly
against the same for SI25I.sO, to-
gether with costs amounting to $685.
80, and Lewis ]. Steriger against the
same for S40s.35.and costs amount
Ing to 1880.
According TO the recent decision Of
the supreme court the company can
no longer, as It has heretofore done,
seek protection against the attach.
ments and executions OF ita creditors
behind the mantle OF a receiver. The
court In that decision stated that the
company's own records IN the case
showed It to be solvent; that the re-
ceivership appointment by reason
OF that fact was beyond the turIsdlc-
ton OF the court. and null and void
from It's inception; and gave II as its
opinion from the facts In the case
that the receivership was sought by
b. X. Lewis solely for the purpose
OF hindering and delaying the credit
ors OF the company, and then made
an order terminating the receiver
ship The above judgments against
the company had been secured prior
to the rendition OF the decision by
the supreme court. and that decision
has now cleared the way for their
levy by the sheriff. What the result
OF this levy win be IN a matter or
much speculation. The theory IL
advanced by some that the company
will permit the levy TO be made
without any legal opposition, and that
after the property is in the hands Of
the court that a transfer OF the mill
VIII be made to some other mill com
pany, and that this company will
take over the property, pay the In
debtedness against It. and then oper-
ate the mill. Those advancing this
theory contend that II Is a useless
matter for the company to longer
continue its fight---that It means
either the selling Of the mill to some
company as above indicated, or the
eventual selling of the property
under the auction hammer Of
the sheriff, Others maintain that
when the levy of the executions are
made legal opposition will be found
to emanate from the company. B.R.
Lewis, II is said. is q shrewd business
man, and that he will not give uD
the property without a struggie--in
fact II is said such has been his state
ment upon divers occasions. He has
surrounded himself by adroit and
wise legal counsel and Il Is antIcI-
pated that when the time arrives
some legal maneuver will be made By
the company to eyade the sales
under the executions. n IN under
stood that there are a number OF legal
methods that can be employed by the
company that will bring about delay,
but the general opinion prevailing
among lawyers familiar with the
ease Is that there Is no method that
can be pursued by the company UNI
der law that will prevent the success
iul levying Of the executions in the
end.
The receiver. Fred Morrill,. was
seen and asked what effect the recent
supreme court decision would have
On the company. He stated that no
steet would be felt but that the com
pany would go on with the business
Is OF old. He was asked n Il were
likely that the company would sell
Is property TO some other milling
plant. and replied that It would not
He did not seem 70 desire TO further
discuss the matter. and an interview |
vas not pressed.
A Rumored Sale.
The old Tumor that has run It's |
'ourse in business circles ever since |
he company went into the hands OF |
receiver Is again being passed from |
Up 70 lip among the business mon and |