The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-07

what for? Why. listen to the argu-
ments of the states attorney. Has he
become the conSerVator fthe affairs
of these socalled innocent people? Or
is it part of the state administrations s
political scheme? Why not, Mr.. Attor-
ney General. allow these people to come
here and make heir complaint and all
low this case to take it's natural course.
undertake, ~oJr honors, to say that
the attorney general doesn't dare to
face a jury with his case.
why do they wan a receiver?" ask
ed Hite- TT is to go into MounDay's
office and the office of Mrs. MounDay
and to get letter here and a letter
there that they may hold it up before
the federal court and see what they
have DONE in their effort to sustain
the district ttorney. Does this court
intend to lend a hand to that?"
Those MounDay Securities.
Then Hite went into the matter of
that half million dollars worth of Sc
curity held in Topeka as a safeguard
to investors in the MounDay land pro-
troublesome questions about this al
legged security and some of them the
lawyer admitted he couldn't answer.
Back of the railing MounDay and
his wife appeared to be a trif1e ner-
vous as Hite discussed the question of
her seat and went inside the railing
20 hold a whispered conversation with
her lawyers. The second time the
woman remained seated near her at
torneys and sat at the counsels' table
until the close of the mornings argu-
ments.
How much did MounDay pay for
the stock held as security? asked
Judge Whitcomb.
81 don't know, probably nothing"
said Hite.
"How much has MounDay paid on
this land ?'' asked Judge Whitcomb on
another occasion.
"I don't know said Hite. "I don't
care if he never paid one cent. In
my opinion title passed to MounDay
when that contract was made with
Catron, a man worth eight or ten
million dollars.
At War With Senator Catron.
Then Hite admitted that the rela-
tions between the MounDays and Sem |
ator Thomas r. Catron of whom they |
were not the most friendly. I,
81 have prepared a bill to compel /
Catron to come through and to ac-
cept a mortgage on this land said |
Hite in urging the court that MounDay !
and his wife were making an honest
effort to protect the rights of the land /
in New Mexico. "They say
the land contract has expired. Yes.
l understand Catron said so. If so, |
Catron must stand responsible to
MounDav and the people who invested |
in the land"
Court Asks Questions.
Hite's argument was often inter
rupted by either Judge Dana or Judge
who asked many questions
regarding the legal phases of the case.
Suppose the court decided that the
corporation should be ousted, what
would you say as to the management
Of their affairs in this state?' asked
Judge Dana.
'"That is invoked in another court
Ind the application has been denied"
-eplied Hite. "This court has no pow
n to appoint a receiver for a private
to control private prop
.rty for private individuals on appli-
,ation of the state.''
It was 1895 when Hite concluded
lis argument after occupying the at
ention of the court nearly an entire
lay
Dawson Cites Authorities.
Attorney General Dawson occupied
he remainder of the morning session
nj this afternoon Judge Frank Dos
er closed the states argument for a
eceive-' for the MounDay sugar COM
,anieS.
Dawson, in his argument, referred
'riefly to the brewery case, the har-
ester trust suit, Standard Oil cases,
suit, and the Kansas
Natural Gas company receivership
ase as being in point in the present
controversy.
There isn't a question about the
defendant companies doing business
lere," urged Dawson. THE only bus
ness done anywhere is the business
one in Kansas. There isn't q word of
violence that the company did busi-
less in Oklahoma and it hasn't filed
report under the corporation laws
or years. Literature mailed from To-
eka characterizes Mrs. MounDay as
ecretary-treasurer of the New Mex
60 corporation. The name and the
cal of the corporation was used in
Kansas and there is no evidence that
was used elsewhere.
Attorney Hite asked permission to
lie a brief of legal authorities. The
was granted.
A decision il the case will probably
ot be announced for several days.
The DAY IN CONGRESS-