The Columbus commercial. (Columbus, Miss.) 1893-1922, 1908-08-20
GULF COMPRESS COMPANY
WINS AGAINST THE STATE
Judge Niles SuSanS the Demurrer Filed by Attorneys for thl
Compress and Says Receiver May Continue Business.

Judge NIes. of the Federal
#-a couple Of days ahead
.ns Hth bis decision Of the
.a.| IHe Gulf Compress Com
tHe State Of Mississippi,
~ sent same down yester-
afternoon instead Of waiting
Monday. as he had stated he
probably do. The opinion
a. Judge Niles win be read with
hg aIl cotton buyers.
impress men and attorneys in
State. He says:
E# HE opinion the petition
exhibits DO not set forth
Heieut t0 warrant this
a eautiug the relief pray
.r. .r Turning over the
aE fhe Iusolvent corpora
@ being Wdurd up by this
.ll under appropriate proceed
Ha petitioner. which is
credit nor a stockhold-
.r..u.
#H. United States Circuit
. .I tra Western District of
Tennessee and the jurisdiction
s court are exclusive. The
...H.auF the Chancery Court of
Warren county. Miss, deprived
.-. compress company Of the
I t8 lo business in this State
AFTER rre 2lst Of September,
@ ~ such date thereafter as
.H chancellor in his discretion
might HE The compress COM
had .aII power TO control
and operate its warehouses,
.HrIasas and entire business
HI- state.
Several months before the
@ .m' ~. 1908 May
aas tr creditors and stock
holders af the Gulf Compress
Company filed bin in the United
States Circuit Court for the West
.m Division of the Western
District of Tennessee, praying
E IrH appointment of a receiv-
ar lhe ground of insolvency
aHl o. have the same wound up
~ ar msolvent corporation. The
court - the Western District of
tennessee declared the bin to be.
a general creditors bill and app
u.lted "a receiver of said COM
press company on June 1, 1908.
#r June. 1908. am ancillary bill
HIed in this court for both
e Northern and Southern Dis
aels 5f Mississippi by the same
.wH.aIUuts, together with a
r0rs 81 the original bin and the
#a.H.a af the United States Cir
#l. Cour. for the Western Dis
tue. nf Tennessee. This ancil-
Hs bII was declared to be a
general creditors bill. and the
decree 8f the United States Cir
.ut Court for the Western Dis
fUct of Tennessee was approved
EE thi- court and the same re-
lever appointed by the court in.
Tennessee was appointed by this
ellrt receiver of the properties
Ct said Gulf Compress Company
the State Of Mississippi and
immediately qualified and took
charge of the property in accord
with the decree of this court.
AZ the time of the filing of
the petition In this cause the
property of the Gulf Compress.
Company In this state was in the
hands 0f this court through said
reseiVer. and was being wound
up by the court in Tennessee and
Mississippi BY the decree of
the chancellor in Warren county
81 81 expressly declared that said
Gulf Compress Company wa not
liable % petitioner in any pecun-
iary fine or penalty, tnat petition
err acquired no legal interest or
claim against the compress COM
pany's property. and no receiver
was appointed. if one could have
been, In said proceedings. All
that was done was to oust the
defendant company from all
right to do business in the State
after the 21st of September,
1908, or such additional time as
the chancellor might in his dis
cretion allow. But before the
time when said Gulf Connraes