The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-09-15
in HANDS OF
A RECEIVER
Ohio Saniatorium Affairs
are Tangled.
DR. G. {. SAWYER IS NAMED
Appeal Made to the Courts
Tuesday.
DIR. Rutter, of Columbus. May Contest
the Question of Jurisdiction in the
Case Action Comes as Complete
Surprise.

DR.. Charles f. Sawyer. president OF
the Ohio Sanitorium company was
appointed receiver of the company
shortly before midnight last night by
Judge Daniel Babst at his home In
Crestline and DR.. Sawyer today took
charge of the company as receiver
He qualified by giving bond in the
sum OF $150,000 in each of the two
cases filed last night in the court OF
common pleas
Anticipating the fling of a petition
for a receiver by DR.. Henley c. Rut-
ter in Franklin county courts today,
DIR. Carl w. Sawyer and May f. Saw
yer filed a petition in the local courts
late yesterday. A second petition filed
by DR.. Carl w. Sawyer and other di-
rectors of the company. was also filed.
The defendants in both cases were
the Ohio Sanltorium company and
DIR. Rutter.
Two petitions for q receiver were
filed here late Tuesday afternoon,
one being taken under the statute and
the other under the common law.
The first was filed by DR.. Carl w Z.
Sawyer and May Il. Sawyer against
the Ohio Sanitorium company and
DIR. Henley C. Rutter. The second
was filed by Carl w. Sawyer, George
w. King, Charles f. Sawyer II. b.
Hane, o. s. Rapp and May L. Saw
yer, directors of the company against
the Ohio anltorium company and
Henley G.. Rutter.
1t is stated In the first petition shat
the company Is organized with a
capital stock of 100000, of which
the plaintiffs own see, 500, one-half
preferred and one-half common stock.
The capital stock of the company is
and $225,000 common stock
That the company has been operat-
ed at a loss for several years is the
principal allegation and that at the
present time suits are threatened by
stockholders and creditors and unless
the property is put into the hands of
o receiver there is serious danger OF
the good Will of the company being
destroyed. The preferred stock Is a
lien on the assets of the company and
there is also a mortgage of $4,000,
which the company is unable to pay.
The plaintiff asserts that no dividend
has ever been paid on the common
stock and as the company is insolv-
ent. no dividend will ever be paid
on It. It is related that the Ohio
Sanitorium company owns valuable
property in Columbus, Ohio, name
ly the Park View sanitorium and the
DIR. C. T.. Sawyer sanitorium at Ma
rio. Both are well-equipped.
The petition alleges thatDr. Henley
c. Rutter. of Columbus, who has
been in charge of the Park View
sanitorium. Is seriously interfering
with the business and that unless
enjoined he will greatly endanger the
health of patients in the company's
charge. DIR. Rutter is the owner oil
$4,000 worth of stock, one-half
common and the remainder pre-
ferred.
The court Is asked 10 appoint
receiver to conduct the businesses
to dissolve the corporation and to
enjoin DIR. Rutter from interfering In
any way with the business. The sec
on petition, that filed by the direct
ors, makes practically the same allie
cations and asks for the same relief
Attorneys Crissinger and Guther,
represent the plaintiffs in each case.
The action was precipitated by DR.
Rutter, who has been in charge ol
the Park View sanitorium at Colum'
bus for several years. The ParF
View property Is owned by the Ohio
Sanitorium company. but has always
been losing proposition. Directors
of the company met here recently ano
decided to sell the Park View prop
erty to the protestant hospital. OF Co
mmbus. for S27,500. This sale wa'
opposed by Dr. Rutter, who 1t is said
saw In II, the loss of his position, pay
ing 5000 a month. He went to the
Protestant Hospital directors and in
formed them that he would oppos'
the sale in the courts and at theil
meeting yesterday, when the transfer
was TO have been made, the directors
refused to buy the Park View plant.
DR.. C. T.. Sawyer and DIR. Ruttel
had a conference which the latte
terminated in a rather stormy man
ner. He Informed DR.. Sawyer that M
would ask for a receiver for the com
pany today. He was asked to remove
his objections to the sale but refused
Leaving Columbus and coming 10 Ma
rIon. DIR. Sawyer called upon Girls
singer and CUTLERY, the company's at
torneys and the receivership was DE
termIned upon to forestall the actor
of DIR. Rutter.
When interviewed today by a repre-
sentative of the Mirror, Dr. Sawye
said:
THE whole action was precipitate
nv the course Dr. Rutter was pursu
ing. The court has made me receive
of the property and as soon as IN
court hears the facts In the case, a
effort will be made to secure an or
| der OF sale authorizing the receive
TO dispose of the Columbus propert
which has never been a paying ~
stitution. We have already arrange
for several houses close TO here
which we will quarter the patient
now at the Park View sanitorium
ut is our plan to wind up the al
fairs of the company and ask tn
court to dissolve the corporuon'
In regard to the charges made D
DIR. Rutter that there were irregular
tiles In connection with the sale
stock, DR.. Sawyer had the foliowin
TO say:
II wish to deny every allegation
~. Ruttar In regard TO the sale q