New Britain herald., 1916-08-29
BIAS CHARGED, AND
 JUDGE QUITS CASE
Believes Bill of B. and M. Minority
 Attacks Integrity of Court COLLISION, LAWYER CLAIMS
Counsel for Objecting Stockholders Claims Road and Petitioner for Re- ce1vership Showed Breach of Trust Bill Goes to Grand Jury

Boston, Aug. 29.--After allowing an order for temporary receivership TOT the Boston and Maine Railroad, under which he named President James H. HuStiS for the office, United states Circuit Judge William l.. Put nam today withdrew from the case be- cause of a bill which, he stated, at lacked the integrity of the court. This olll which was filed by Asa F. French, counsel for Francis V. Streeter of Medford, a minority stockholder, as- serted that Judge Putnam, because or his personal relations with direc- tors or the road was unfit to sit in the recelvership proceedings Judge Putnam ordered the bill sent to the federal district attorney, with direc- tions that it be placed before the grand jury for Investigation
 This unexpected developement fol- lowed the courts ruling that the Bos- ton and Maine Minority Stockholders association was not entitled to inter- Vene in the case, which was based on a petition of the Internatianl Rubber company of New Jersey, a note holder of the road, for receivership.
 Collision Charged.
 After Boyd B. Jones counsel for the petitioner, had explained that the pe- t1tlon for a receivership was brought through arrangements with the direc- tors of the road, MT. French charged this was an admission of collision and of breach of trust to stockholders He asked for dismissal of the petition on these grounds. At this point Judge Putnam said You may be right about the existence of collusion, but l should want to send that phase be- fore master. I cannot allow inter- ventiOn in this case which is solely between the complainant and the corporation
 The court gave counsel permission to make a general statement, if he desired.
 Instead, MT. French introduced what he termed an affidavit of bias which he claimed had been filed with the clerk of court who had refused to accept it by the courts order. This affidavit asserted that the principle and basic issue of fact in controversy involved the integrity and fidelity to their trust of a ma jOrity of the board of directors of the road, and whether they had improperly and unlawfully conspired with the complainant in viO- lation of the duty to the stockholders In an attempt to force a recelVerSnlp.
 Considers Judge Biased.
 Continuing the affidavit said that while sharing "the confidence of the public generally in the integrity, learning and impartiality' of Judge Putnam, the affiant was informed and believed that the personal relations of Judge Putnam with the directors, or some of them, were so close and friendly that he could not help enter taining a personal bias in favor of the directors and a corresponding preju- dice against the contention of the minority stockholders.
 To this affidavit was attached formal certification by Counsel French that it was made in good faith"
 Judge Putnam, plainly moved by the reading of the complaint said that while he did not regard himself as disqualified to sit in the case by the papers filed, he did not propose to sit while they were a matter of record. He told Attorney French he would order the papers to the district attor- ney if they were allowed to stand in the court records.
 After a brief recess during which he conferred with associate counsel MT. French returned to inform the court that the papers having been entered, would not be withdrawn.