The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-14
c. SCHBRR
Is ~CO-RBCBIYBR
ACCORDING TO oaoGR GNreReo
~ JUDGE DAYTON.


Copies Of the order entered by
Judge A. q. Dayton In the case Of An
drew J. Howard against w. c. Hand
Ian Q received In the city ysster-
Gay. The petition Of Howard asked
for the removal Of Handlan ~ receiv-
er OF the National Telephone Corpor-
alton. In he order Mr.. Handlan 10
suspended from acting a. receiver.
but not from performing his duties as
general manager OF the corporation.
Hon. Arnold c. Scherr is appointed
an additional receiver. 40 shown in
the order, which Is a. follows:
In the United States District Court for
the Northern District OF West virginia.
Andrew J. Howard
National Telephone Corporation ct nj.
This day came Andrew ]. Howard, ths
complainant by John A. Howard and Ar
snur d Dayton. bis solicitors. and then
own proper person and by J. b. Hsndlan,
his solicitor. and thereupon the counsel
With leave OF the Court filed two sepa-
rate petitions OF the plaintiff Andrew ].
Howard. and in support thereof two Aft.
dayfts OF John A. Howard. one OF An
drew J. Howard and two ~affidavits OF r..
v. 0'Brien and the a%ffidavits OF Emma
hihits Herewith. and W. {. Hsndian, RE
cefver. filed his answer to the first OF
the said petitions and In support thereof
the af1davit OF James G. Spiane. and IL
appearing TO the Court that notice has
been given OF the motion to remove w.
= Handian as Receiver as and for this
day Tor reasons set forth In the said
argued by counssi and heard By the
Court. the Court doth order and adjudgs
that Arnold c. Sherr. be and he is here
by appointed an additional Receiver of
the National Telephone Corporation and
OF the underlying Corporations, with all
and every power heretofore conferred
upon. by the several orders OF this Court.
w; c. Handlan and James W. Ewing Re
eeivers herstofore appointed herein.
Bond IN penalty of twenty-five thousand
dollars Ss25. 900. oo) with security to be
approved by the Clerk OF this Court shall
Receiver therein before he qualities as
such. such bond to be conditioned ac-
cording 10 law. IL Is further ordered
that Arnold c. sherr and James w. Ew-
v~estigation Of all and each OF the
charges made in the said petition against
w. c. Handlan as Receiver. and as soon
as possible report all OF he facts reia-
tive thereto. with full power conferred
upon them hereby to have the books.
papers and accounts OF the said Corpora
ton so far as they relate TO the trans
actions OF the said ". G. Handian Re
eeiver. fully audited and settled and IL
10 further ordered that pending the said
Investigation and the further action OF
this Court therein. the said w. c. Hand
Ian be suspended from acting as Re-
ceiver. but not from performing his
duties as General Manager OF the said
Corporation.
II was stated yesterday by a person
actively interested In the Howard
Handlan controversy hat the oral
testimony Of e. A. Howard, auditor OF
he company. and Miss Gather. the
cashier. was taken at the hearing at
Philippi on Tuesday. and that the
books OF the company were intro
duced in evidence. II was also stated
that Judge Dayton announced that he
would see TO II that all the money
that the purchaser OF the property
pays for them will go to the security
holders and creditors. The court fur
Their added. according to the Inform
ant. that 1t must be shown that the
reorganization proposition il fair to
all stockholders before IL Is permitted
TO go through.