The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-05-10

with motion for the appoint
ment of "A receiver for the Z. u
NJ presiding in the local courts, the
decision rendered Monday by judge
Goldsburg In Columbus. Is very inter
esting Judge Babst of Crestline VIII
be here Thursday to pass on the
question Submitted to him last week
Regarding Judge Goldsbury's decision
dismlssing President John @. Webb's
amdavits Of prejudice against Judge
Il. r. Kinkead, the Columbus Des-
patch says:
Judge Goldsbury. IN substance
held that John 6. Webb, as president
Of the road and individually. was
without authority at law to begin
mainly because, with ELI NJ. West
az receiver. he was unable to reor-
ganize the road, aud that the court
was unable to find any evidence OF
bias or prejudice existing upon the
part of Judge Kinkead.
"In his decision the supervising
| Judge held that It was necessary IN
such matters for two things to oc-
cur: first that Judge was biased
or Interested, and second that the
court have satisfactory proof of the
fact Concerning the removal Of
George Whysall as co-recelver with
| Eli West, by Judge Kinkead, the su-
pervising judge stated that the fact
that Whysall while general manager
had authorized a report by which It
| appeared that the road was making
dividends when II was without net
profit, and that he was the principal
owner in the Prospect Light and
Power company, TO which he was sell
ing the power of the G. d. & NJ.
company was such as to dlsqualify
him.
| Concerning the accusation that MIR.
West was attempting to keep the re
ceivership up by sending out reports
OF his work to creditors and bond
holders. Judge Goldsbury inquired
why he should not do so. He stated
that these parties were Interested IN
the receivership ana had right t.
know how II was going. incidentally
he paid compliment to Receiver
West in the statement that prior to
the receivership the road was unable
to gay interest and that since the
receivership the receiver has been
able to pay all expenses. interest on
consolidated and underlying bonds,
and to make substantial repairs.
Regarding the charge that ELI West
was exerting some occult or hyp-
motto" influence over Judge Kinkead
Judge Goldsbury stated that II this
were true the proper method of get.
ting results would be to apply fo:
the removal Of the receiver. In this
connection the judge called attention
to that section Of the affidavit OF
Smith w Bennet. which was not
disputed by Webb in which the attor
ney stated that at a meeting with
Webb and Guy NJ. walker, in New
York, Il had been stated that there
was nothing against Judge Kinkead
hut that they were seeking the re
moval of West.
IN. Webb in his ailidavlt' said
. the court. thinks that George Why
sail should be made receiver, anC
admits that the reason that he wants
Whysall receiver Is that he may ef
feet a reorganization in the same
manner as 1t has been affected ol
. the Bucyrus line. West has not beer
= trying To reorganlze. nor is It hi
i duty to do So"
e between the Marion county AM
Franklin county courts Judge Gold
4 bury stated that when Judge Youn
70 removed Whysall In his court tn
conflict ceased to exist Anyway, tn
j court stated the parties having take
T. value under the receiver the Frank
y lin county courts were not stoppe
from attacking the court. at Is in
consistent to be continually soliCitin
the receivers. A man cannot play fas
and loose at the same time. This
not shell game at which the par
ties can play at will"
3 "Webb does not seem to reallz
= that the road in not being manage
for his benefit alone, hut for all ere
tors and parties interested" said tn
= court
According to the laws OF Ohio a
fidavlts in prejudice can be filed b
but one of two persons" said IN
= court zone of these being a party
the suit or an attorney thereof II
q stated that Webb did not come IN
der either category and that accord
ing to the affidavit without the al
thority Of the company 1t being M
In his inherent power as presider
v To do so.
n "As TO Judge Kinkead's appearanC
.r in the case, Judge Goldsbury II
n quired why he should not appea
q HE owes it as his duty 10 see tht
n affairs are justly administered an
r why should he prove a coward an
- turn when a yelled purpose is e>
n pressed that unless so and so is dor
an affidavit will be fled
~ In closing, Judge Goldbury con
10 mented upon the injury II would d
~ to the courts i'm case every dsaI
~ pointed litigant took occasion to eT
ter an affidavit in prejudice. In
short time the salient Influence
- courts would he gone" he said Whe
:, Judge C. c. Williams gave motto
- Of appeal Judge Goldsbury declare
y himself ignorant of the course
AZ procedure concerning such matter
"This is the first one l have had
he said, "and l hope It will be III
last -