New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-12-10
Action Brought Against the
Present and Former
Officials.
APPLICATION CHARGES
PROFITS OF $3,975,0OO
Nixon and Biddle, Receivers,
Resign as Officers of
the Road.

ST. Louis, Dec. civilian Niles.
of New York. owner of 600 shares of
stock in the st. Louis & San Francisco
Railroad. to-day asked the Federal Dis
trict Court for permission to bring rest
tuition suits against present and former
officials Of the Frisco. Just before leav-
court this evening Judge Sanborn granted
permission 10 Niles
Late this Afternoon the receivers also
fled a petition i'm the court asking per-
mission TO file a restitution suit in behalf
of Bridget Duffy. owner of 10l shares.
against the former directors and other
officers Of the St. Louis & San Francisco
Railroad who were members of the syn
dcate which built the Brownsville road
and sold it TO the Frisco at a profit Of
several million dollars Judge Sanborn
said he would announce his decision in
this matter in a day or two.
The Niles permission embodying the re-
quest charges that b. T. Yoakum. former
chairman of the board OF directors of
the Frisco: James Campbell. former
vice-presdent OF the road and head Of
the North American Company. which
brought the receivership suit; Thomas II.
West chairman of the board OF directors
Of the ST Louis Union Trust Company,
whose resignation as receiver was ac-
cepted yesterday: the late Edwin Hawiey
and W. X. BiXby now receiver of the
Wabash. made individual profits aggre-
eating $4,000 by selling to the Frisco
short lines which they and other
syndicate subscribers had promoted and
built
The personnel of the reCeivership of the
St Louis & san Francisco Railroad was
separated to-day from the directorate and
citizenship when W. c. Nixon and W. B.
Biddle. receivers. resigned as president
and yice-presdent. respectively. They
also resigned as directors.
Thomas H. West, chairman of the board
Of directors of the st. Louis Union Trust
Company, which financed many Frisco
affairs before the receivership, and di-
rector of the road, already had vacated
the office of receiver-his resignation hav-
ing been accepted yesterday-and to-day
James w Lusk, a retired banker of st.
Paul. who previously had not been con-
nected with the road. succeeded Mr.. West
as receiver. Before the recevership Mr..
Nixon and Mr. Bddle were vice-presi-
dents I'm charge of operation and traffic,
respectively.
The resignation Of Mr.. West as receiver
and the retirement Of Receivers Nixon and
Biddle from their railroad office was due
10 the investigation into affairs OF the
road conducted by the Interstate Com
Inerce Commission. This was conveyed in
the letter Of Judge Sanborn yesterday in
which he accepted the resignation Of Mr..
West and in the joint letter of resignation
sent to-day by Messrs Nixon and Biddle.
In their Joint letter Mr.. Nixon and Mr.. Bid
die said they desired TO be free as receiv-
ers to treat all interests fairly and i'm
partially.
Mr. Nixon and Mr.. Biddle were APP
pointed receivers Of the road when y. L.
Winchell, former president Of the Frisco,
resigned as receiver 10 accept position
with the Union Pacific. Mr. Nixon was
elected president a few weeks ago, when
the board Of directors was reorganized by
st. Louis interests. While the road is
in receivership the directors have no au-
thority over the property.
William ". Niles of Niles & Johnson,
lawyers at No. II Wall street, in whose
behalf a petition was filed in the United
States Supreme Court at ST. Louis yes
terday asking permission 10 file suits to
compel present or former officials of the
Frisco TO restore TO the company profits
they made as members Of a syndicate that
built and sold feeder lines to the parent
company, said yesterday:
T am starting this action entirely in
dependent Of any Of the numerous com
mittees that have been organized for the
protection Of the Frisco security holders.
The revelations at the recent investiga-
ton conducted by the Interstate Com
merce Commission proved to me that some
drastic action should be taken at once.
The testimony showed that the directors
Of the Frisco voted TO sell to that COM
pany other properties in which they were
directors. This is Illegal. and will doubt