The Barre daily times. (Barre, Vt.) 1897-1959, 1916-12-07
Was Examined in Boston &
Maine Receivership
Proceedings
JONES EMPLOYED
BY THE RAILROAD
Bill Which Led to Receiver
ship Prepared by Him,
He Testifies

Boston, Dec boyd b. Jones, who
appeared as counsel for the lnterconti-
mental Rubber company of New Jersey,
which, as a creditor of the Boston y
Maine railroad, instituted the proceed
ings, which placed the road in temporary
reeeivership, was employed by the Bos-
ton & Maine, James H. Hustis, tempo
rary receiver apd president of the. rail-
road, testified yesterday.
Mr.. Hustis was witness in the federal
district court at hearing to determine
whether the receivership should be made
permanent.
Mr. Hustis was summoned to the stand
by Asa p. French, counsel for minority
interests, who are contesting the receiN-
ership on the ground that it was OBJ
tanned through collision between the
roads directors and the petitioning cred
itor.
Mr. Hustis said the question OF the re.
ceiyership had been under discussion and
consideration by the directors from the
time he had assumed the presidency OF
the road in June or July, 1914 No for
nal action, however, was taken until
Aug. %, when the directors authorized
counsel to consent to receiyership pro-
ceedings The first time he heard OF the
Intercontinental Rubber company, the
witness stated, was at the directors
meeting on that date, when he was in,
formed that the rubber company would
bring receivershp proceedings
Attorney Jones, who appeared as coun'
sci for the rubber company, was en-
ployed by George L. Mayberry, counsel
for the Boston & Maine, Mr. Hustis said,
He had no recollection OF authorizing
Mayberry to employ Jones, but he ex-
pressed his belief that he did authorize
his employment.
Woodward Hudson, vice president and
general counsel of the Boston 4 Maine,
who followed President Hustis as a wit
ness. testified that at the latter's slug
restion, he discussed the employment OF
Jones with Attorney Mayberry last July.
The bill of complaint against the rail
road, which was filed by Jones in the
name of the Intercontinental Rubber Co,
was prepared by Mayberry, Judge Mar
Gus p Knowlton director Of the Bos-
ton & Maine and Edgar j Rich former
counse or the road, he said. This bill
in its original draft did not name a
plaintiff, he thought, adding that he
could not remember who suggested max,
ing the Jntercontinental Rubber company
the plaintiff in the suit
Counsel for the railroad in the course
OF the examination OF witnesses said B.
& NJ. directors had made no statement
which might be construed as an admis-
sion of the validity of notes for Sl3,5OO
issued while the Boston & Maine was
owned by the New York, New Haven &
Hartford railroad
The court ruled that it would not al
low minority interests to attack the val
idity of the Sl3 800 of short term notes
at this time Later, when the note hold
ers present them for payment, the court
will hear the minority, Judge Morton
announced.
Judge Morton stated that he would
allow evidence at the rcceiyership pro-
ceedings bearing on the question wheth-
er the notes were properly signed and
issued. and whether the holders were
bona -fde creditors, or merely persons
prepared to collect payment"