White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1910-11-27
'EDW. M|LLARD IS APPOINTED
RECEIVER FOR ELY CENTRAL
After Local Attorneys Wage Legal Battle in District
Court Over the Appointment Judge Mitchell
Names Well Known Citizen for the Place.

nt thC 1Chti al
Copper Company is now in the hands
Of receiver, Ed Millard of Ely hav-
ing been appointed by Judge Mitchell
to that position on wednesday night,
court remaining in session for the
purpose until midnight In addition
to this move in the fortunes Of the
company. the plan of reorganization
outlined by the directors has been
abandoned and the assessment of 25
cents share recalled. Word was re-
ceived here on Friday from New
York that the government authorities
had compelled the promoters of the
reorganization scheme to desist, and
compelled the return of the money
which had already been recalled on
the assessment.
Events moved PRETTY fast In the
matter of Ely Central during the
week, and on Wednesday, ]. II. Me
Murray of Herriek & KERN, made
application for the appointment of a
receiver on behalf of stockholders
representing many hundreds OF
thousands of shares of the stock
This was a complete surprise to At
torney j. NJ. Lockhart, representa-
tive of the company, as well as to
Hon. Sam. w. Bedford, attorney for
the majority of the creditors. The
case was heard at noon, and both at
torneys protested against the action.
AS result the further hearing OF
the matter was postponed until that
evening. MeMurray was represented
in court by Attorneys Walker and
Haight. and while these gentlemen
were attorneys of record. there were
also present other interested attor-
neys.
In the evening Attorneys Lock
hart and Belford asked for a re-
moyal of the case to the federai
courts on the ground of diversified
citizenship. This was combatted by
the showing that McMurray was a
citizen of California, and the con-
tention was overruled by the court,
and the order for the appointment of
a receiver made. A. B. Witcher was
the C1OlCt Vi lut lOi
the position of receiver, and his ap-
pointment was resisted by the attor-
neys for the defense on the ground
that he was too closely connected
with the Nevada Consolidated and
the Nevada Northern, which corpora
tions, 1t was claimed. was interested
in obtaining rights of way and other
valuable concessions for their own
purposes. Judge Mitchell called up
on the attorneys on both sides for
suggestions as to other gentlemen.
and said that number of names had
been presented to him. Messrs.
Lockhart and Belford declined to
name anyone, being opposed to any
receiver whatever. Then the court
named Millard.
The latter had his bond ready be-
fore seven o'clock on Friday morn
ing, and was on the property of the
Ely Central early the same morning.
Then came the announcement that
the receiver had named as his lawyrs
the firm of Chandler and Quayle.
This was a surprise, for the work of
fighting for the receiver had been
carried on by Walker and Haight, al
though the petition was drawn in the
Office of Chandler and Quayle. Mr..
Chandler made this admission In
court in answer to the claim of Mr..
Belford that the movement savoreo
too much of the hand of the Nevada
Consolidated and an anxiety to gain
possession of the property by that
company. Chandler also stated that
the companies represented by him
knew nothing of the connection oil
his firm with the matter.
The bond originally filed by Mr..
Millard was objected to by Attorneys
Belford and Lockhart Saturday after
noon on the ground that 1t was pay
able to the state of Nevada instead
of the clerk of the district court and
the objection was sustained. A sec
ond bond was filed and this was also
objected to on the grounds that 1t
did not comply with the statutes and
this objection was sustained. Mr..
Millard will have no trouble in fur
nishing a satisfactory bond, as those
who signed his bonds were perfectly
satisfactory to the court but the pa
pers contained legal defects that had
to be remedied.
1t looks as If the fighting had but
begun. There Is no doubt that
Messrs. Walker and Haight expected
to handle the legal affairs of the re-
ceiver. and nobody else doubted It,,
they having made the fight for IT..
Nevada Consolidated and Nevada
Northern have long desired a right
of-way over the Juniper claim which
ends at the mouth OF the Copper Flat
pit, and with the companys attor-
neys advising the receiver of the
property, 1t looks as IL there might
be something doing.