The Topeka state journal., 1913-07-29
FOR MORE Time
Adversaries of Blue Sky Law
Get POstpOnement.
MounDay Case Continued Tn
til Next Friday.

On a plea that additional time was
needed TO prepare for the-hear1nS
the supreme court today granted a
continuance until Friday morning IN
the quo warranto case filed by the
state against Don A MounDayS su-
gar refining companies At that time
the court will hear arguments in the
application of the state for recelV-
ership for the company and an order
of custer, denying to the company the
right to further continue its business
in Kansas.
When the case was called this
morning D. r. Hite appeared with
Harry J. Bone as one of the attor-
neys for the defendants. Hite eX-
planned to the states attorney that ne
had just been called into the case and
asked as a professional courtesy that
additional time be granted to permit
him to study the pleadings and the
evidence. After conference by Ak
torney General John 5. Dawson,
Judge Frank Doster and Major A. Nj.
Harvey. representing the. state, the
question of a continuance was pre-
sented to the court A continuance
was then granted.
Attorney General Dawson opposed
the continuance. He explained to the
court that innocent investors in the
sugar company were still s sending
their remittanceS to- the company 6
offices and declared that an mlIne-
diate hearing should be had to pro-
tect their interests. Further, DaW-
son contended, there was an imme-
diate need for action regarding the
safeguarding of the companys assets
for the protection of investors. He
explained to the court that in their
application for an injunction against
the attorney general and bank com
mission, MounDay had contended that
the company owned twelve autOmo-
biles and other valuable properties.
Dawson was fearful that these7 ma
chimes, if they really existed, would
be disposed of. He reminded the
court that in an inquiry before the
county commissioners this week re
garding the MounDay personal prop
erty assessments, that the II automo-
biles did not seem to be listed for
taxation.
."The order of the court will fully
protect the state insisted Hite, land
I pledge myself to see that my clients
do not place themselves in contempt
/ have already instructed MounDay
and his wife to turn their correspond
ence and all remittances over to Mr..
Bone and l think that additional time
may be granted with absolute safety.
1t was admitted by the attorneys for
the MounDay interests that purchasers
of land in the sugar company were
still sending remittances to the CONF
pany's offices in the Mulvane building.
These remittances are small, it is con-
tended, and but two drafts, totaling
$50. were received Monday.
After a brief conference, the Su-
preme court justices decided to grant
a continuance of the custer suit until
10 O'Clock Friday morning. Both sides
have promised to be ready for trial
at that time.
The Injunction suit, filed several
weeks ago in an effort to prevent the
enforcement of the provision of the
blue sky law against the sugar COM
pany is set for hearing Wednesday
morning in Judge Dana's division of
the district court. A restraining or
der against the bank commissioner
and attorney general has since been
in force and the hearing Wednesday
goes to the merits of the MounDay
petition for protection at the hands
of the court against the enforcement
of the state law.