Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1908-01-07
Y0RKS ARE HEAVILY
FINED; $4,000

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Hemingway, of Little Rock, was not
present. This was objected to by At
torneys Austin and Coleman, who ap-
peared for Mr.. Rutherford, as well as
witnesses, stating that the two de-
PENDANTS were in court and there was
no reason for a continuance.
Capt. York when questioned by
Chancellor Elliott admitted that he
had been served with the injunction
writ before the meetings We're held in
Little Rock. Robert York also ad-
mitted having been served with the
writ previous to the meeting, but
added that he did not violate the
courts order because his attorneys
had advised him that the meetings
could be held. He did not consider
his action, he said, violation of the
courts order in view Of the advice
given him.
nj. A. Austin, when put On the stand,
said that on the afternoon of January
I'd, John F. Rutherford came to him
at his Office and exhibited notice,
signed by Capt. j. B. York, notifying
Mr.. Rutherford that meeting of the
stockholders and directors would be
held in Little Rock on the following
morning at 10 o'clock The object of
the meeting, witness said, was not dis
closed in the notice. Mr. Rutherford's
attorneys knew nothing OF the object
OF the meeting and were somewhat
surprised, Mr. Austin said, at the sud
den call, waen they knew that for
fifteen years the meetings Of the COM
pany's stockholders and directors had
always been held in Pine Bluff Mr.
Rutherford was unable to explain the
matter and Mr.. Austin said that fear
ing some undue advantage was going
to be taken to the detriment OF the
Rutherford interests in the company,
they proceeded to protect their client
Mr.. Rutherford.
A petition was prepared and
presented to Chancellor Elliott,
praying for an injunction re
straining J. %. York, Robert
York, C. J. Samstag, C. L. Browning
and any others from holding meet
ing. The Cotton Belt branch train
had already gone to Little Rock. The
Iron Mountain train was five hours
late. Mr. Austin said, and it gave him
time to present the petition to Judge
Elliott for the injunction. Mr.. Aus
tin and Mr.. Coleman took the belated
train and reached Little Rock at S
o'clock in the morning. At Z a. m.
the same morning they saw Capt.
York come down stairs from his room
in the Marion, They had Deputy
Sheriff Kaufman serve the writ on
him. Thirty minutes later Robert
York came down stairs and was
served by the same officer AT 10
a. m. the two attorneys went to Rose,
Hemingway, Cantrell and Lough-
borough's office, where the meetings
were to be held. There Attorneys
Austin and Coleman also had the writ
served on Mr.. Hemingway, w. 7.
Woodbridge, F. G. Bridges and S. NJ.
Taylor. They gave notice that in the
event Mr. Browning or Mr.. Samtag
put in, an appearance that they would
also be served with the writ. Mr..
Austin said, that the attorneys an
nounced that they would hold the
meeting regardless Of the injunction
writ, enjoining them from doing so.
Messrs. Austin and Coleman were
asked if they wanted to be present
and they replied that they would like
to. "By what authority?' they were
asked. mo authority the witness
said, was the reply. They went into
the private Office where the meeting
was held and Mr.. Austin said Capt.
York called the meeting to order and
presided. Robert York acted as sec
rotary and read resolutions which had
been prepared and which were adopt
ed. These resolutions, witness sta
ted, were for the bankruptcy Mr..
Austin said he and Mr.. Coleman pro-
tested against such proceedings. de-
claring that the Bluff City Lumber
Company was solvent and could meet
all of it's debts. George B. Rose then
invited the visiting attorneys to ac'
company them to the Federal Court, if
they desired to do SO. They went
with them. In the Federal Court, Mr.
Austin said, he and Mr.. Coleman
protested against the bankruptcy pro-
feeding and informed Judge Trieber
that the injunction Of the Jefferson
Chancery Court had been ignored.
THE proceedings in that court have
been since published In full.
W. F Coleman testified, saying that