Omaha daily bee., 1909-08-26
Council Bluffs
OVER RESORT
Dell @. Clark Again Appointed
Receiver for CORTLAND Beach.
ACTION STARTED BY GoURLEY
Insists the Majority Stockholders
and Others Are Trying 20 Freeze
Him Out of the Enter
prise.

off again, on again, Flanagan chirped
Dell ]. Clark Of this city yesterday morn
ing when, by an order by Judge Snyder, he
again became a receiver of the CORTLAND
Beach resort One day last week Mr.. Clark
was appointed receiver OF this amusement
resort on the west shore of the Missouri
river, which happens. owing to the vagaries
Of the big Muddy" in years gone by, to
be In Iowa territory instead Of Nebraska
Mr.. Clark forthwith proceeded to take
charge OF the place under this authority
conferred upon him by the United States
court, but the trustees who had been run
ming the resort under direction Of the dis
trict court of -tawatta county denied
that the CORTLAND Beach Amusement COM
pany was In a state Of bankruptcy and
commended further that the corporation was
not of such a character as to come within
the provisions Of the federal bankruptcy
law.
They instructed their attorney to proceed
without delay to Red Oak, where Judge
Smith Mcpherson Of the United States court
for the southern district Of Iowa makes his
home, and obtain, II possible, an order dis
solving the appointment Of Mr.. Clarke as
receiver. The attorneys for w. r. Gourley,
president Of the CORTLAND Beach Amuse-
ment company and former manager Of the
pleasure resort conducted by II. also hied
themselves to Red Oak to oppose the is
suance Of any such order. Judge McPher-
son took the matter under advisement and
Tuesday announced that he had sustained
the contention of the trustees and that
the order appointing Mr.. Clark as receiver
was revoked. Mr., Clark once more, be-
came a private citizen and for the time
being did not have the management OF the
pleasure resort on his hands. s.,
Judge Smith Mcpherson. in yacating the
order appointing Mr.. Clark as receiver,
held that the CORTLAND Beach Amusement
company was not of the class against
which involuntary bankruptcy proceedings
could be sustained in the United States
court. His decision left the management.
of the resort In the hands of Albert ].
Thomas and William ]. Coad. who by
agreement OF the interested parties took
over the place from William Arnd, who
had been appointed receiver in a former
action brought in the district court of
PottawattRmie county by certain creditors
Of the Incorporation.
Yesterday morning w. r. Gourley and
his associates went before Judge Snyder
in the superior court with an application
for the appointment OF a receiver based
on a contention. that the majority stock
holders had conspired with agents and at
torneys for the Creighton Real Estate &
Trust company. to turn over the manage
ment of the resort to them. 1t was
charged that Thomas and Coad are, In
fact, agents Of the Creighton company,
which owns the real estate on which the
resort is located. Gourley lain the COM.
pany is indebted to him for money adj
vanced and for salary for his services
as manager.
Upon Judge Snyder making the order
appointing him receiver once more, Mr..
Clark, in company with Deputy City Mar
shall Charles Crum, officAF Of the superior
court, after filing a bond in the sum of
$1,000, proceeded to Cutoff to again as
sumo charge Of the pleasure resort.
1t is now up to the trustees to make the
next move.