Evening journal., 1913-02-06
MORE DELAY
In STEEL co.
LITIGATION

Judge Edward G. Bradford sat In
the United States Court today to hear
argument on the exceptions filed in
that tribunal against the report OF
William c. Mahatfy. special master
appointed to take testimony on claims
In the case Of the Diamond State
Steel Company.
Ninety-hve exceptions were filed by
the receivers OF the defunct concern.
James =. Winchester and Howard T.
Wallace and ten exceptions we're filed
by the bondholders and creditors, the
latter two being practically the same.
The receivers were represented by
II. H. Ward. while Horace G. East
burn appeared for the bOndholders
and William Clarke Mason. of Phil
adelphia, for the general creditors.
Mr. Eastburn took exception TO the
exceptions filed by the receivers and
raised the point that they should be
dismissed on the ground that they are
not sufficient too general and no
reference is made TO the testimony
before the special master, IN basing
the exceptions
The exceptions filed by the bond
holders and creditors contains one in
which exception Is made TO allow
Ing the receivers any compensation.
on the ground of the alleged manner
In which the estate was managed by
them
Mr.. kastburn, In support of his
contentious, offered a number of au-
thorties submitting the cases in
which they appear.
Mr. Ward I'm defending the manner
in which the exceptions of the re-
ceivers to the special masters report
were drawn and filed. also submitted
authorities but made no mention Of
any cases IN which the question at
issue was decided
Judge Rradfords asked Mr.. Ward II
be had any such cases 10 submit. The
latter replied that he had not had the
Time to prepare sufficiently to argue
the point today
Mr.. Ward said that the reason the
receivers had drawn the exceptions
In the manner they had and not going
into the testimony on which the eN-
ceptions we're based. was 10 save the
court from going through the evil
jenco submitted before the special
master. He contended the exceptions
hled we're specific and sufficient
Tho court asked him n he was
ready 70 stand on his exceptions at
his own peril or II he would raNnor
apply for leave for time to file new
exceptions
Mr. Ward did not care to 70 on
and imperil his case without first be-
ing sure of his position.
Judge Bradford in speaking OF the
case remarked that It had already
been in court and l-2 years and
the delay TO concluding &c was
coming 10 be a public scandal lie
said he desired to bring the case 70
an end and added there were funds
In the court n drawlng interest He
said that should Mr. Ward find his eN-
ceptions improper Il would then be
necessary 10 draw new exceptions
which would again delay the settle.
nent OF the case, and he was not
willing to add any unnecessary time
Following a discussion, It was con
cludcd that Mr.. Ward should ash
for an extension Of thirty days i
which to amend his exceptions by re
fering 70 The evidence ON which b.
had based the ninety-fve exception
on which there was 10 have been argu
mont today The attorneys for thl
bondholders and creditors were givei
the same privilege Both were read,
To. proceed today
! II is thought that the amended eN
ceptions will be referred 10 the spccia
master by The Court the special mas.
ter having dismissed the nincty-nv,
exceptions submitted today on the
ground that they were too general