The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
Latest Demand of Geo. Badders'
Creditors.
He Must Testify or Go to Jail
for Contempt.
ALSO TURN OVER $4,000
Alleged to Be in His Hands as
Sale Proceeds.
Creditors Today Ask Judge Pol
lock for This Order.

CreultOrS 1Or tne bduOeTS CIOtHlu6
company will this afternoon ask Judge
Pollock for an order citing George s.
Badders to appear and show why he
should not turn over to trustee $4O.-
600 in cash and securities alleged to be
in his possession from the proceeds of
a recent sale OF merchandise. If the
court grants the order sought by cred
itors, Badders will either be forced to
testify at the hearing in Topeka March
IS and to comply with the courts or
der or will subject himself to a citation
for contempt.
Three petitioning creditors, the same
creditors who caused the bringing OF
the petition in involuntary bankrupt
cy, today sought the order to cause
Badders to turn over the $4,000. 1t is
alleged that the receipts from recent
sales at the Badders store from De-
cember 5, 1913, to January q. 1914, ag-
gregated about $4,000 of which
amount not to exceed $1,000 has been
paid to creditors. The petition now de-
mands that Badders as president and
principal stockholder of the corpora
tion appear in open court and state his
legal refusal for turning this money
over to a trustee.
The petitioning creditors also de-
mand that Badders be compelled to
make an accounting and to turn over
to a trustee all books and papers of
the corporation which are now in his
possession. The action this after
noon is in the form Of a civil pro-
ceeding and seeks to compel Badders
to come into court and testify as we'll
as to turn over to creditors the $40,
900 alleged to be in his possession and
owing to creditors of the store.
Criminal action, If resorted to at all.
will probably not be instigated before
the hearing in Judge Slonecker's
court March IS.
Badders' Tactics of Silence.
That George S. Badders will con-
tinue in his refusal to testify regard
in st. Joseph, Mo-, Monday night
when D. r. Hite. leading counsel for
Badders, told Judge A. S. VanValken-
burg that it might be necessary for
the Topeka merchant to resort to
habeas corpus proceedings to protect
his rights. The Hite statement fol-
lowed a lengthy argument for the set
ting aside of the application of new
orders urged against Badders and w.
A. Byers by attorneys for the cloth
ing company creditors.
Badders has never taken the stand
10 testify IeSdIOluS Ills IlndHCldl anu
business affairs. On three separate
and distinct occasions he has read
into the records his refusal to testify
in the bankruptcy proceedings. Now
Hite intimates that Badders will con-
tinue to testify even to the point OF
going to Jail and relying on habeas
corpus proceedings for relief from
contempt orders.
IF the orders demanded by credi-
tors and issued by the court are en-
forced, it may become necessary for
my client to resort to habeas corpus,
said Hite in discussing before Judge
VanValkenburg the orders already
attitude of the Topeka merchant ir
the creditors meeting before Judge
Slonecker next week.
''Will Badders appear at the meet
ing March IS and testify under the
summons served by the United State:
marshall" was asked OF Hite.
II do not pretend to say what Mr.
Badders will do March 49," responded
Hite. I'VE will consider that matter
when we come to it.
The reference by Attorney Hite tt
the possible necessity Of resorting tt
garded by attorneys for creditors a!
meaning that Badders will likely con
tinue in his refusal to testify
Holds Former Orders Sufficient.
Judge A. S. Vanvalkenburg denied
the applications of Badders compan!
creditors for an order compellin.
George s. Badders to submit to an ex
animation as to his financial affair
and to enjoin him from disposing o
his personal property pending fina
action in the personal suit in bank
ruptcy. The ruling of the fedora
Judge in st. Joseph, Mo-, las
night was in substance a denial o
three applications for orders urged b,
Topeka.
The action of creditors demande,
the appointment Of a receiver to TAX
charge of Badders' personal affairs
to inquire into his property right
and disposition of money and prop
erty received by him while presiden
Of the Badders Clothing company
Creditors also sought to force the To
peka merchant to testify regarding
his affairs and to enforce a restrain
ing order preventing the disposition o
property until the affairs Of the al
legged bankrupt had been fully set
tied.
In view of the action already take
in the case and the findings Of a jur
in Judge Pollock's court, which he'll
that the Badders company was in
solvent, Judge VanValkenburg rule
THAT supplemental orders in the cas-
y were unnecessary and uncalled 70
and refused to grant the demands O
creditors.
State Bank Call.
Charles Sawyer, state bank commits
sioner, issued a call late this after
noon for the condition of the stat