The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-10-29
Action. Launched in Attempt
to Gust M. A. Baldwin
From Receivership.
BEACH CONTRACT &
HOLDER PLAINTIFF
Contendea that Baldwin, Both As
Stakeholder and Contract Owner,
Is not Proper Person to Discharge
Affairs Of Defunct. Concern.

Fargo. n. D., Oct. es.-That an in
teresting legal battle will be waged
between two factions Of contract
builders" of the North Dakota I'm
proyement company for which re-
ceiver was recently appointed by
Judge Pollock in district court upon
the petition of Charles H. Bland, is
indicated by the filing of a motion to
oust NJ. "A. Baldwin, who was then
famed by the court. and the appoint
ment OF a new receiver. -
Summon Attorney General.
Declaring that the. affairs Of the
company have been mismanaged in
the past. K. p. Hetzler of Beach.
through his attorneys. McEnroe &
Wood; has filed motion before Judge
Pollock asking that both Attorney
General Andrew Miller and NJ. A.
Baldwin be summoned before the
court to show cause, the former why
he should not be substituted as plain
TIL in lieu Of c. H. Bland. and Bald
win to state why he should not be re-
moved and a new receiver named.
Law Not Followed.
According to the petition of Hetz-
Ter, the state law requiring a creditor
to first submit to the attorney general
verified statement Of facts showing
statutory grounds for dissolution was
not complied with by Bland,
Allege Mismanagement.
Mismanagement Of the company's
Affairs, which is partially responsible
Tor Its Insolvency, and an interest OPP
posed to the best interests of the ma
jority OF contract holders is alleged In
the Hetxler motion as the reason for
the removal of Mr.. Baldwin. The mo-
tion cites loan Of nearly $4,000
which was made by the North Dako-
"a Improvement company Of. which
Mr. Baldwin was q director to the
Itmber Investment company Of North
Dakota Of which Mr.. Baldwin was al
50 director and officer.
1t Is declared in the motion that
security was given for the loan in the
shape Of $76,000 worth Of stock in
the Timber Investment company, the
Stock latsr being sold. 1t is alleged,
under foreclosure for $500. =
Woods Statement. =
Commenting upon the .petition
which has been flied by his Arm and
the prospects OF legal battle In the
courts Attorney Allen W. Wood said
last evening: This motion has been
nled by Mr.. Hetzler upon behalf Of a
number Of contract holders represent
ed by our firm. F..,.7e
The object Of the. motion is for
Ine purpose OF securing some dis
interested person to manage the az
iair OF the defunct corporation. for
holders whose interests are admitted
py the company to be in the neigh
;borhood Of 100000, and that Mr..
Baldwin, against whom charges of
mismanagement have been made,
should not be placed in g. position
where he could favor himself as a
stockhoider IN preference to the con-
tract holders whose interests are to
5e first preserved. By securing a
greatest good Of all the contract deal
ers would be attained. and the re-
sources .a OF the defunct company
Baldwin Satisfactory.
Attorney Arthur w. Fowler of
stambaugh & Fowler, representing NJ.
A. Baldwin as receiver. declared last
there was some dissa abstraction with
the appointment Of. Mr.. Baldwin on
the part of one contract holder, lie
had believed the action asking. his
removal would not be pushed.
MT. Baldwin has received assur-
ances OF satisfaction at his appoint
ment from at least ninety per cent
Of the contract holders" said Mr..
Fowler ''Mr. Baldwin ia a contract
holder as we'll as a stockholder and
there could be no conflict as the in
tercsts of the contract holders come
first in any settlement under the law.
The interest Of the stockholders
comes second"
When the motion was filed in the
district court Judge Pollock fixed Oc-
tober 81 as the date for the hearing
and 1t Is expected that a large mum.
Der Of the contract holders Of the
Improvement company will be in the
city Friday from various points in
the northwest to look after their in
terests in the settlement Of the az
fairs of the concern. ,