The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-08-05
Receiver for Other Proper
ty Is Named.
FIGHTING FOR JURISDICTION
Contest Is On Between the
Courts.
LcHier and Bland Are Creditors anu
Enter the Case---Cincinnati Trust
Company files u Cross Petition In
the Suit--LocaI Men are Vary Con-
fident.

Upon the prayers of two creditors
OF the road who filed answers and
cross petitions, Judge Boston Young
Wednesday afternoon appointed one
George Whysall, receiver of the Col
umbus, Delaware and Marion Rail-
way company's three subsidiary COM
panles, the Marion Railway Light
and Power company, the Columbus
and Northern Railway, Power and
Equipment company and the Column
bus, Delaware and Marion Electric
railroad company, which is the main
line between here and Columbus. Mr..
Whysall was appointed receiver OF
the Columbus. Delaware and Marion
Railway company, Tuesday. In each
case the receivers bond was fixed at
$4,000. making $4,000 in all. The
receiver Immediately furnished bond
and qualified.
In the answer and cross petition
filed by Charles w. Leffler and Will
liam Bland, doing business as Leffler
and Bland, 1t is alleged that the de-
fendant company is indebted to the
partnership in the sum of $243 and
that the company is unable to pay.
The cross petitioners stated that the
Marion Railway Light and Power
company's property Is encountered
with first mortgage of 100000 and
that the Columbus and Northern
Power and Equipment company is
encumbered with q mortgage of $285-
900. The defendant company and all
of the subsidiary companies are en-
numbered by q mortgage of $2,500,-
900 held by the Mercantile Trust
Company, of New York. 1t Is stated
that unless n receiver is appointed
for the three subsidiary companies the
bond holders may come into cour-
and ask for receivers for each of the
three subsidiary companies and the
petitioners would have no equity in
the sale of the separate lines. 1t is
urged that IL Is for the best interest
of the answering cross petitioners and
other creditors that the receiver be
appointed for each of the lines. C. l..
Justice represents Leffler and Bland.
The answer and cross petition Of
the Cincinnati Trust company which
was filed Wednesday afternoon In the
case, sets up that the Columbus, Del
aware and Marion Railway company
and John G.. Webb, are indebted to Il
in the sum of $4,000 on two notes
of $4,000 each, the first was issued
June 2S. 1909 and the second July
II. 1909. In its cross petition the
company asks that receivers be ap-
pointed for the subsidiary lines OF
the company.
Late Wednesday afternoon Judge
Young Smade the appointments as
prayed In the cross petitions. The
appointments were not made, how.
ever, until the three subsidiary COM
panies had been made parties defend
ant, had filed answers admitting the
truth of the allegations In the answer
and cross petition of Laffler and
Bland, asking that the court appoint
| q receiver.
In Columbus today Judge Kinkead
will pass upon the question in the
court pleas of Franklin county and
| the result will ne watched with the
greatest interest here. All of the re-
presentatives Of the railroad COM
| panies and the officials are In Col
umbus today and IL is expected that
q great legal battle will be fought.
The outcome of the whole tangle
| depends upon whether or not the pet
ition for a receivership was filed in
the Marion county court by Attorney
Earl Turner representing Newton j.
Catrow, of Miamisburg, treasurer OF