Indianapolis Journal, Indianapolis, Marion County, 3 March 1892 — Page 2

THE INDIANAPOLIS JOURNAL, THURSDAY, MARCH 3, J 892.

oubf. r possible to como to an agreement, lio himself and his client would make Ho objection to the receiver being superre.led ami the question of th bond would then not bo material. Mr. Winter was not in n Jnne-iuoruiug temper by this time, and snapped out: "Will the receiver and his employes vacate our property. theuj" "You itiuht rfuicmber," nrbanely Bald Jndce riaypool. with a deferential air. "that the receiver. as you said this morning, doesn't take possession of the men, but only of tho property. Hut if the property goes back to the corporation you will io ioubt have the same trouble oil over again." 'There in another thing. said Mr. Winter; "the receiver has taken no inventory of the property. I understand that to be the vtry hridnty of a receiver." "lie coiiid not well do bo." Baid Judge Claypool. "when you did not let him have possession until 4 o'clock yesterday. He ban not had time." "He bhould take tho time." retorted Mr. "Winter, and the Court added: "I know Mr. Stole has had no time to tako an inventory; but. if yon insist on it, 1 will Bee that hmo enough is given to make one. He hat had no time to do ao." NKXT MAN TO THE GUILLOTINE. Mr. Winter walked oil, muttering that the receiver might take a month to make the inventory. Mr. Allen then took a part in the proceedings. The Judge's remarks as to lack of time led him to say in a loud and insinuating tone: "It didn't require any time to tako the property out of our hands." "Now it is unnecessary, Mr. Alien," said Judge Taylor, with tuuen sharpness, "for you to make any such remark. It is about os contemptible as tho editorial in a certain evening paper, whose editor sets himself up to be the dictator of the city. A nan of sense would not speak in that way. Any man that in the son of as sensible a man as old William Holliday, whether he lias any education or not. ousht to have een.se enough m not to writo such stuff. If the court is in error, Mr Allen, there is a way to correct it without eqch captions remarks as that yon just Znade. 1 will hear you. gentlemen, at 10 o'clock in the morning, if you desire." Mr. Allen, with Hushed face and embarrassed look, apologized to tho court, saying lie meant that Mr. Steele did not need much time to demand the property. The court gave him no further attention, and loft the "bench. FltillTING IX COURT.

Xattle for Control of the Property Progresses llatlier Slowly Reason for the Delay. Day number two of the Frenzel contempt case in room No. 1, of the Marion Superior Court, did not bring as large an audience r.s that of the first day, though within the lar separating the elect from the ordinary spectators tho attendance of the legal fraternity was larger than has been given any case in this city for many months. It was plainly to bo discerned that tho attorneys conducting Mr. Fishback's side of the case were disposed to proceed with extreme leisure, evidently with an intention to gain time. It was an open secret that the reason of this lay in the fact that Mr. fchaffer, ex-president of the Citizens' Streetrailway Company, is in Chicago endeavoring to prevail upon tho directors of the company to depose Mr. Frenzel. and that lie has already gained one director to his T ay of thinking, with a fair prospect of getting more. Mr. Fishback was in court but a short time. He left after explaining to Judge Taylor that he was ill. aud had some down town against the advice of his physician. Mr. Flam, of the counsel for Mr. Frenzel and the company, arose and said that he would file an answer to the additional information relating to the College-avenue and Louisiana-street barns. He went on to tay that Mr. Frenzel was the only ofliccr to act in turning over tho property of the company to tho receiver, and at the time of the committing of "said alleged acts was jn oourt answering to proceedings against 'defendant company and himself; that tho receiver had never demanded possession of him, or requested him to give any order or directions to his subordinates: that he had no opportunity to give orders or directions; that ho never had any intention to disobey or disregard the orders of the court." "Is that all you have!" inquired Mr. Claypool. ''That is the answer wo make," said Mr. Flam. MO HE AFFIDAVITS PRESENTED. "Wo wish to presenttwo more affidavits," aaid Mr. Claypool, "and wish to ask for the issuing of subpirnas for witnesses." "Of what nature!" inquired Judge Taylor. "To show how it was these doors came to be bolted," said Mr. Claypool. "The gentlemen on the other side claim there cannot be any such thing as an investigation by tnbpu-naof witnesses." "I will hear them upon that." said the court, "before listening to any further papers." this being said as Mr. Claypool offered an additional atlidavit. "Wo havo read the atlidavit.'' said Mr. Winter, "and say. as on yesterday, that so far as the proceedings for contempt aro coucerned they ataud upon the answer we have made." "1 am now proposing." said Judge Taylor, "to hear the law presented upon the right to go beyond the sworn answer of the defendant." "I wish." said Mr. Flam, "to call the attention of the court to a general statement of the law and then to the law of our own State." He then read the Encyclopedia of l.aw upon tbe question of purging contempts. Ho also read from Volume 2, page 411 of Work's Practice, and called attention to the statutes now in force and to decisions that had been made in this State on direct and indirect contempts. The statute provides the punishment may bo by lino or imprisonment: no tine to exceed 500 . or term of imprisonment extend beyond three months. "The question that is here," said Mr. Flam, "and the only question, s whether this case falls within the general rule, and the character of that general rule we all agree about or within some exception, and 1 if within some exception what is it. Is there auy question here of enforcing any civil remedy on tbe Dart of Mr. Fishback cr anybody else? Certainly not. The answer here made for Mr. Frenzel and the defendant comp&ny nets forth fully that at no time in this casa has there teen any intention or purpose of violating tho order of the conrt. nr do I think there is any substantial violation of the order. The' only question has been as to the manner of turning over this property, and when and how. Hero is a property ot over a million of dollars scattered all over this city. Ha l Mr. Frenzel any idea that a receiver would be . appointed who would go hammering upon barn doors in the early morning to get possession, quarreling with men in charge of yards and barns! The thing was to have gone to the man in charge, to Mr. Frenzel. and dfinnnd iosstsion. It is shown ihat every dollar's wor'U of property has been turned over tr the court, and was turned over as soon as demand was made. This receiver has the property and this plaintiti has whatever remedy ho isentitled to if anybody knows what that is. This civil process has been executed and has been ever tdnce yesterday afternoon. Mr. Frenzel has made a full and frank answer to the charges made. It is for the court to take that answer and consider whether it is reasonable and consistent, and determine whether Mr. Frenzel and this company have teen guilty of contempt or not. 1 do not know that the court is required to hear testimony and examine witnesses. It is for your Honor to tako this answer, together with tho charge, and determine hfther there has been a contempt of court. If thcro has been, punish him ac cordingly." i:r.CElVl:R ST E ELL 3 METHOD DEFEXPFX). Mr. Claypool then spoke substantially as follows: "The discussion has taken a latitude which strikes me as not entirely within the question befoie the court. I shall avoid, bo far as 1 can. doing the samo thing. In tho tirst place, 1 want to say. with reference to the conduct of Mr. Steele, to which allusion has been madeas to his going around from stable to stablo to take possession of the propertj". You are told that is not the way in which receivers of railroads running across the country take possession of property. It will be enough for me to suggest that a btrcet-railroad company is

cot exactly like a railroad company running from here to Now York, Cincinnati or Chicago. The head of tbe power which your receiver was commanded to take and operate the road was at the stable. There was the proper and right place for tho receiver to go. It wonltl have been more urbane, according to tho opinions of the gentlemen on the other side, for the receiver to have gone and taken bis hat oil to the president of this stroet railroad aud asked him to deliver possession. What the receiver may have done in this regard can cut no figure in the deeision of tbe question before the court. The fact that Mr. Frenzel. after 4 o'clock yesterday afternoon, turned the possession of this street railroad over to Mr. Steele, after a delay of nearly twenty hours, does not change the point now before the court The fact that after eighteen or twenty hours contemptuous opposition to the order of this court he made a surrender does not better his case. Whenover it comes to contempt of court there ought to bo a vigorous hand used to bring a strong offender to justice. When you made an order for the receiver to take possession of the property it was his business to do eo. He may not have proceeded in the best manner, but It was the duty of everybody who had knowledge of the receiver's command from this court to yield to that command, however it was presented, without opposition. Suppose the president of this street-railroad company had been out of the city when this order was made, will the gentlemen tell me the order of the court could not be obeyed? If that were so the court would be aliaost powerless in the face of shrewd advice of shrewd parties with shrewd counsel. I shall not refer to the atlidavit that we offer to have read, because it is not a matter before the court. If the answer of the defendant is an evasive answer, the court of its own motion should issue an order that witnesses be call-din to determine whether their answer is evasive or honest, sincere and frank. Mr. Frenzel issued an order on Feb. 21 to bis subordinates to keep the property locked ud at night and allow no one to come into the barns a very prudent thing for Mr. Frenzel to order. In his affidavit ho say s be went from place to place until 4 a. m., when he had to look np his sureties for his appeal bond. Mr.

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TTo Wil Xo Frenzel asked his counsel what co'mo should be .taken with the property between 4 a. M. and 8 A. M. that d;iy. His counsel advised him it would not be nec sary to sive any dillerent orders, but the receiver would havo to come and demand possession of him as president of tho compan j'. MR. FKENZEL'S "rERNICIOUS ACTIVITY." "I do not accede altogether to the wisdom of fcuch advice. As a matter of law I do not acoede to it. Then tako tho point that Freuzel, before this contempt came np, ordered the property to be locked and kept secure. At tbe hour of 4 a. m. yesterday he asked his counsel what he should do with reference to the property between that hour and 8 a. M. His counsel gave him advice, saying that he might lie still upon the situation that then existed; upon tbe situation mado by his order given previously to keep the property locked up. You didn't tell him to interpose any objection to Steele taking possession, but said that ho might rest upon the order he bad made, upon the presumption that there would be no elTort to take that property without demand upon him. Uut did Mr. Frenzel do it? That is the question I submit to the gentlemen and to the court. Hid Mr. Frenzel fold his arms in quiescent contempt? I will have a little evideuce that will remove every cloud from tho positive fact. He took affirmative action against the receiver taking possession, and he has admitted it here. If you permit the admission of additional evidence we will make it as clear as tbe shining sun. Mr. Frenzel. after his attorneys had left, telephoned to each barn not to allow anybody to take any cars from tho barns without orders from him. Ho did not tell the employes that a receiver bad been appointed, lie disregarded the advice of his counsel and went by his affirmative action. Frenzel was advised of what the court had done. At the hour of 4 a. m. ho telephoned to the Thirteenth-street stable: 'Don't let anybody take any cars out of tho stable,' which meant nothing less than don't let the receiver take any cars out of the stable without my order. That his orders inight bo obeyed, ho kept from the men at the barns the fact that a receiver bad been appointed. It he had told them that a receiver had been appointed, Mr. Steele would havo been allowed to go in. tho doors would not have been locked and barricaded." Mr. Claypool then reviewed the authorities cited by Mr. Flam, and as the latter had shown there was a great deal in thorn, Mr. Claypool. with equal skill, showed there was nothing at all in them, and that they did not at all lit this particular case. John W. Kern, who also appeared for Mr. Fishback, followed Mr. Claypool. Ho said he did not think it necessary to indulge in any criticism of the conduct of Mr. Steelo, or of that of, as he phrased it, "my distinguished friend, Mr. Freuzel." He said the question is as to whether that court had the power to hear further evidence than that in tho affidavit of Mr. Frenzel up;.xi the question before it. He thought thero could be no question of tho power of tho court to hear all ovidence tending to show the truth or falsehood of any proposition. "On Tuesday morning early," said Mr. Kern, "this court appointed a receiver and an order was made by this court and the receiver commanded to take charge of the property of defendant corporation. No matter where ho went to tho barn whero the mule power was or to the offico whero the brain power vas he went to enforce the order of tho court. The question is whether a distinguished citizen, the head of a great corporation, has deliberately violated the order of this court; whether on yesterday morning, on yesterday at noon, in the very face of this court, this distinguished citizen ejected the receiver from tho Louisiana-street barn. Did he repeat the violation at noon by forcibly taking out of possession of the receiver the nroperty ho already had? We insist it is the interest of the public, of all concerned, that charges of this gravity be investigated and that the court has the power to investigate this fully and to icud out for witnesses to tho truth of these charges. If there hns been trilling with the order of the court it is the duty of your Honor that it Hhould bo known. Ho may say be intended no disrespect to the court. Does that purge him when ho telephoned to his subordinates to spit upon the order of the court?' D!" FEN DING Mil. FRENZEL, Mr. Winter then spoke for Mr. Frenzel aud the defendant company, in substance, as follows: When we come here and insist upon a regular and orderly procedure, we are By m ply occupying tho position which we have endeavored to occupy from the outset. Wo appeal to tho law, and ask nothing more than the law secures to us. It 2s necessary here we should know just what the question is that the court is called upon to decide. Certain informations were filed in this court yesterday, and

to each, as filed, the defendant company and Mr. Frenzel have filed answer under oath. We concede that in proceedings of contempt two interests are involved, calling, at the hands of the court, for a different procedure, and upon which tho law prescribes a different practice. There is the public right involved whether or not the dignity of the court, as a part of the machinery of the State government, has been infringed upon, and for the vindication of that public right, the proceeding is by tbe State, in the interest of the public, not by William P. Fishback, or Wm. T. Steelo in tbe interest of William I. Fishback. or in the interest of William T. Steele personally. The other question is that of private right represented by Mr. Fishback and Air. Steele, receiver appointed at his instance. At this time there is no private right before this court. The dinnity of the conrt has been brought into disrepute, and that is a question "with which Mr. Fishback and Mr. Steele have nothing to do. The fine will not go into the pocket of Mr. Fishback, but into the school fund. It is administered not for any grudge that Mr. Fishback or Mr. Steele may have against Mr. Frenzel, but for the purpose of vindicating the dignity of this court. We have surrendered into the hands of the receiver of this court all of onr million dollars' worth of property. The defendant company and Mr. Frenzel have always been willing to obey any order this court should make. Mr. Fishback stands hers to-day. through his receiver in possession, operating the million-dollar property of this company, in which the public have no interest, no matter if they do have in tbe streets. Can the gentlemen suggest anything more that this court can do for Mr. Fishback than it has done for him, that he can have more complete possession of the property of this company than he now has? He cannot ask as a personal and private richt that this court imprison Mr. Frenzel. That is a matter for the State alone. When the answer of the defendant is hied tbe court shall proceed to render judgment. If the answer is sufficient he goes acquit; if not tbe court proceeds to punish him. Tho answer is tbe ending of the procedure for the vindication of the public right and the dignity of the court. What is the occasion for bringing in a raft of witnesses? We

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-rn for Sitlli-a tt . ray Mr. Frenzel should havo retained possession of this property until the proper domaud was made from this court. Your Honor would hayo said, had the question been asked, thatr the receiver should go with a certified copy of the order aud taken possession, and that was the way to doit. I submit that Mr. Frenzel has answered fully, frankly and not evasively. An evHsivo answer would bo no answer at all. He has protected a million dollars' worth of property for non-resident owners in a situation of affairs which, as we know, has put that property in jeopardy for the last ten days. Mr. Frenzel was called npon to do everything in a hurried manner, and yet he did not io one jot or tittlo fail in the respect he owed to this conrt, "1 have listened." said tho court, as Mr. Winter concluded his argument, "with much interest to the discussion of this question. This is not a question of what power the court possesses, nor how far the conrt may set aside tho rules of practice in any given case. It is only a question whether Mr. Frenzel has been guilty of contempt by disobedience of the orders of this court. In order to determine that I do not think it necessary to bring witnesses here. The answer of Mr. Frenzel on bis behalf and that of the company is before the court. If he is guilty of contempt that answer needs no explanation. Now I am satisfied the court would bo doing a useless piece of business, and one not justifiable under circumstances of the case in directing witnesses to be brought hero and going into the examination of matters which are presented in such a way. I shall refuse to permit the paper to be tiled." "So far as Mr. Frenzel is concerned." said Mr. Winter, "we do not wish to discuss the facts stated in tho answer." "Wo do," said Mr. Claypool and Mr. Kern. The court then adjourned for dinner. INCREASED INTEREST IN THE AFTERNOON'. When Judge Taylor resumed his seat at 2 r. M. tho audience of the morning was again on hand. Among the attorneys for the street-railroad company was seated a strangur with a full aSiburn beard, and there was much speculation as to who he could be. A suspicion went about that he was one of tho Chicago directors of the company, but such proved not to bo the case.. Ho was Mr. Kimball, a lawyer from Cleveland. O., who had merely dropped in to hoar a celebrated case. Mr. Claypool. of Mr. Fishback's counsel, again spoke. "Yon made the appointment ot this receiver on tho morn i tig of March 1, about 1 o'clock," said Mr. Claypool, "and on that morning, atli or 4 o'clock. Mr. Frenzel was at your houso Judge Taylor's aud was fully advised of tho fact that a receiver was appointed. On yesterday morniug, when the answer was being read, your Honor stated that they asked yoj about 4 o'clock iu the morning, or whatever hour they met, to accept the bond before the receiver took possession of the property. This was for tho purpose of suspending the action of the receiver in taking possession of the property, and 3-our Honor informed Mr. Frenzel yon would not hear the application until the court opened. So that at that early hour Mr. Frenzel was informed of the fact that the receiver was not expected to call upon him to demand possession. Tako that situation as early as 1 o'clock; the receiver was appointed, and as early as 2 or 3 o'clock Mr. Frenzel was asking the court to accept a bond and suspend the authority of the receiver that be might not take possession of the property. What follows? After tho order was out. Mr. Frenzel had reason to believe that tho receiver was not to exente the order. The stables were locked against the receiver from 2 o'clock in the morning until 4 o'clock in tbe afternoon. Tho receiver did take possession of the Louisiana-street stable and took out seven or eight cars. Tho cars were sot to move. Didn't Mr. Frenzel know these cars were taken out by the receiver? When this receiver went back to the stable, at 1:3) in the afternoon, tho stable was locked against him. 1 submit to the court, as a matter of common sense, however artful the language nia.v be used in the answer, can your Honor doubt the fact that those stables were kept looked until fourteen hours after the time when Mr. Frenzoi had knowledge that a receiver had been appointed? Uy the action of Mr. Frenzel that stable, which had been opened to your receiver, and into which be had entered, was closed to your receiver at 1:50 r. M. yesterday afternoon. Then the whole thing remained locked to your receiver from 'J in the morning until 4 in the afternoon, Frenzel having completo knowledgo of the entire situation; Frenzel acting under a knowledge that kept those stables locked against your receiver and continued to keep them locked until yesterday afternoon, when another verbal order was given by your Honor for them to opu. Tell me a man us intelligent as Mr. Frenzel don't know that these stables were being locked against your receiver uuder orders given by him. He had said to his subordinates: 'Let nobody in

there except somebody having in order from me.' That is. Met nobod in there having an order from the court.' Accordingto his own statement be kept from those men the information that a receiver had Decn appointed. A single etiort on the part of Mr. Frenzel would have unlocked those doors before 5 o'clock. All the cars were on the street within an hour after this court adjourned at 4 o'clock in the afternoon. Frenzol telephoned them to deliver to jour receiver, a thing ho ought to have done in tbe morning. But he didn't do it. And why? Because, say what he will, he intended to act in contempt of this court, and to keep thiseourt's receiver from taking possession of this property at alb Now, X wish to come to the specitie charge made in this atlidavit. Here is the Thirteenth-street stable closed, so that it is impossible for tbe receiver to make an entrance without violence. That was the condition at the College-avenue stable at

The Court in Session.

12 o'cIock yesterday, under orders from Mr. ) Frenzel. That thing was done under and J in pursuance of. orders from John 1. Frenzel, and continued until yesterday at 4 P. M. The recoiver was appointed at 2 a. m and you knew it, The stables were locked at that time, and remained locked until yesterday at 4 r. M." INTERRUPTED THE SPEECH. "We admit they were locked for ton days, and remained locked unuer orders from Mr. Frenzel," said Mr. Flam, interrupting. Ton admit it!" asked Mr. Claypool. "Did you expect to iind them open?" asked Mr. Flam. "We expected the order of the court would open them," said Mr. Kern. "We expected." said Mr. Claypool. "that when the receiver went there they would bo opened." "He didn't present an order to anybody," retorted Mr. Flam. Judge Claypool continued in substance as follows: "There wero two orders your Honor's order, which should have opened the doors, and Mr. Frenzul's order, after the court's order, to keep the doors locked. There was a purpose, to keep the cars out ot tho hands of the receiver, to make a point, superseding the receiver, and for tfat purpose they went at 4 o'clock in the morning. If it bo true that they didn't think they were under obligation to yield this possession until after demand was made of Mr. Frenzel, will the gentlemen answer mo why, before any demand on Mr. Freuzel, they were at your Honor's house to approve an appeal bond? Wcro thoy then under no apprehension your receiver might be acting? When they came to your Honor's house to confer over a bond and perfect an appeal, giving us a reason for itthere bad been no demand on them then had they an impression that the receiver had the power and right to go to the Louisiana-street stable, tho New Jersey-street stablo, and to any of the stables, with tbe order of the court, aud take possession of the property to be lound there? The conduct of Mr. Frenzel aud his advisers shows that they understood all the time from 2 a. m., that thero was danger to them that the receiver might go to that stable, and that stablo, and that stable, and take possession, and they sought to prevent it by giving thoir bond. Having failed to prevent it by your Honor saying you could not hear it until 8 in the morning, they took it upon themselves to de!eat tho action of tho receiver iu an illegal way by issuiuz to persons in those stables orders not to surrender them to anybody except upon the order of Mr. Frenzel. Can your Honor say they have been guilty of no contempt? What Mr. Frenzel says in his answor isnot altogether sincere in v-Jrhe light of what he has done, 1 say in plain language these orders were given by Mr. Frenzel uu puipose to prevent those persons having the property iu charge from surrendering it to your receiver until after a demand had been made on Mr. Frenzel. 1 think, in iustice to the court and the people who tave an interest in this matter, that Mr. Frenzel ousht to be punished severely for this contempt so that never again in this community when there is occasion for a court to act will it be obstructed by tbe conduct of a party." The oourt then asked if the other side had anything to say. "As I said this morning." replied Mr. Flam, "these answers are before your Honor and we are willing to stand by them. We don't dosire to provoke Judgo Claypool to further speaking," said attorney Allen, "he has already spoken three or four times." "(Jive me the papers." remarked Judge Taylor, "1 should like to hear something from the otberside. I shall not decide the matter now. 1 wish a little time. As soon as I am ready I will notily the parties." "When may we expect the matter to be decided?" "1 will notify yon when I am ready to decide this question: I presume it will bo a couple of days." said tbe Judge, and then adjourned the court. While the attorneys and others were lingering about, the somewhat sensational incident already related occurred. SYSTEM. OPEHATINO SMOOTHLY. Cadges Returned to the Men Along with Their Pity At Various ISarns. A reprcscntativo of the Journal, who made the rounds of the street-car barns, yesterday afternoon, found nothing to in dicate that tho service or property was depreciating through having beon thrown into the hands of a receiver. Every lineeast, west, north and 60uth electric and mule, was in operation and running on schedule time. "How is everything moving!" was tho question put to the conductor of a Collegeavenue electric. "Smooth as greaso," was tho reply. "Wo've got these back," said the man with the bell-punch, and he threw back tho lapel of his coat, showing one of the badges, the taking up of which, by Frenzel. caused all this uproar and heartburning. "What will you do if Frenzel gets in tomorrow and calls tho badges in)'' "Damlino." "How does tho brotherhood feel toward Steele?" "All right, Tho boys never had any trouble with Steele when he was superintendent and they could work for him for years without having any trouble.- That man Steele is a mighty line man, and the boys aro all for him." At the Collego-avenue barn cars were moving in and out with their old-timo regularity and smoothness, and from surfaco indications no one would have guessed that the service was just recovering from the ellects of a prolonged and malignant caso of tie-up. At tbe New Jersey-street barns matters had pretty much the same complexion as at College avenue. A glance in tho barn showed that tbe remarkable notice, quoted in tho Journal ten days ago, to the effect that two or more men seen standing and talking together could call at the olbce and "gil" their time, had been torn down, and it is presumed the men are talking now as often as the spirit moves them. In the conductors' and drivers' waitingroom thero was some grumbling about the tardiness of tho paymaster. A driver explained that when they struck thero was a week's pay due them. True, President Frenzel had given notice that all had been discharged, and that they should como to tbe office and get their pay. but when, in resDonce to this they presented themselves, instead of the regular pay-roll which they were accustomed to siitn. a receipt was pushed out showing payment in full to date, tho siguing of which would have shown the employe discharged, these receipt they refused to suu. and hence no p iy bad beeu received lor going on three weeks. The funds to pay off with arrived while the reporter was present ana the men crowded about. Tho man who dispensed the ducats was good-naturedly chaffed, ana moro than one wanted to know why they were not paid for the time the strike was on. Nearly every man who got his pay planked down a dollar aud received the

coveted badge. A few were in such straits that they were unable to pay the dollar. "Why don't you go to Tom Steele." said a conductor, "if yon ain't got a dollar to spare he'll lot you have a badge." "Yes he will," contemptuously replied the man troubled with the shorts. "Well, ho wilL He told me this morning he wanted all the boys to have their badges whether they have the money or not. If you ain't sot it go to him and he will lend it to yon; see if he don't. There was some dissatisfaction at the Ne-Jersey-street barn over the presence of the non-union element. Three conductors were making regular trips and the brotherhood members eyed them with intolerance and suspicion. At the Illinois-street barns everything was moving without tho slightest jar. A conductor stated to the Journal that one non-unionist, a motorman. showed np for work yesterday morning, but there was uo work for him and ho took his departure.. All brotherhood men are iu possession of their badges, or can get them upon application. At o'clock yesterday morning lieeeiver Meelo called at tbe general oiliee, asked for tho badges, mid they were delivered by Secretary Anderson. He then called a meeting of the stable foremen at the Louisiana-street bam, divided the badges among them and instructed that they be distributed among the motormen. conductors and drivers. Keceiver Steele's instructions were that the badges were to be used hy tbe men when it was necessary for them to ride on the cars when off duty. The men were put upon their honor not to abuao the privilege granted them. BIAYOIt AND THE RECEIVERS II I P.

IDs lienor Tat Ills Foot In It as Usual nit Efforts to Wriggle Out. Th6 appointment of a receiver for the Citizens' Street-railroad Company probably caused more geuuino surprise among the masses of the people than anything that has arisen since the difficulties between the management and the men began. One of the points of great comment about it is the part Mayor Sullivan played. It has. as will be seen, left him in a most unenviable light before the people. The idea of asking for the appointment of a receiver for tho company first originated with a newspaper reporter, who sooke to D. F. Kennedy, president of tbe Central Labor Union and Thomas Gruelle about it. These gentlemen took the matter up at once and laid it beforo Mr. J. C. Shaffer, ex-president of the company and the only stockholder in this city. It was thought at that time that Mr. Shaffer was tho only person in this city qualified to apply for a receiver. Mr. Shaffer, when asked to apply for a receiver, discouraged the idea, nud it was dropped by tho gentlemen named. It was subsequently, at last Sunday's meeting, taken up and discussed by tho advisory committee, vrlnch decided that such a courso would not be practicable. Last Sunday night, at a room in ths Grand Hotel, a company of gentlemen gathered. There was Judge Claypool, John W. Kern, Leon O. Bailey, John K. Wilson, Father O'Donaghue. Secretary of State Claude Matthews, Thomas Taggart. chairman of the Democratic Stato central committee, and Mayor Thoruas L. Sullivan. This meeting, according to its projectors, had a good aim to begin with. It was called to discuss wavs and means to prevent further riots and bloodshed; to talk of tho strike; to try and bring about a settlement; to square tbe Democratic party with the labor organizations of the city. The sole topic of discussion relating to the stnkeVit this meeting was tho question of impressing upon Mr. Shatter the importance of applying for a receiver. One of the gentlemen who was proserJt said yesterday to a Journal reporter: "Mayor Millivan agreed with all tho gentlemen present that the thing to do was to ask Mr. Shaffer to apply for a receiver. He even expressed himself as being anxious in that direction, and the meeting adjourned with that understanding. Mayor Sullivan was entirely conversant with all matters, and evidently desired iu that way to shitt tho responsiollity on to other shoulders. The next morning at 9 o'clock he had jumped the track again and declared ho would never be present .at another such meeting, lie said bo bad had no friends at the meeting (whioh was, no donht, correct), aud he afterward told James Keach that he and l ather O'Donaghue wore the only friends be (Sullivan) had at tbe meeting. When he met Col. Jim liice. Mayor Sullivan told him that he and Father O'Donaghue wero the only friends he had had there. Beforo the meeting at the Grand Hotel bad adjourned John 11. Wilson and Father O'Donaghue were appointed a committee to go to Mr. Shaffer aud try to prevail upon him to apply for a receiver. Mayor Sullivan approved that action, and said he would authorize his attoruey to reduce to writing anything that might be required of him (Sullivan). Tbe coiumitteo was as founded on the following morning to hud that the Mayor had washed his hands of the whole attain" In a communication to the News yesterday afternoon, Mr. W. P. Fishback, the plaintiff in the recoivership suit, relates some interesting facts in this connection. After detailing the arrangements made Mouday morning to call upon Mr. Shatter, he says: Before returning to Mr. Shaffer's ofUce I went to the ottlce of the Board of Publlo Safety, In the court-house building, where I met Mayor Sullivan. I told him of the proposed interview with Mr. BhalTer, and that possibly the request would bo made upon him for his co-operation. He paid he was aware that ho had large interests at stake lu the matter pro wine out of some questions that had been raised about his personal liabilities Jor injuries resulting from the disturbances in tho ctt3', and requested me. If we had the c nuitatlou, and anything cauio up that could Interest hiui, that 1 should eend Mr. Charles W. Smith, of the tirm of Duuoan & Smith, who he wished to act as his attorney In the matter, and that he would be governed In his action by the advice of his counsel. 1 then went to Mr. shafier's otticc, where I remained until Mr. Wilson. Father O'Donaghue, Jude Claypool, Mr. John V. Kern, Mr. smitn ana his partoer, Mr. Duncan, appeared, after some delay. Mr. Smith stated thut If to had any coiumunicatiouor request to muke of the Mayor it chould be reduced to wrltlnjr, aud that he would consider it strictly in tho character of an attorney for Mr. Sullivan, and would advise Mr. Sullivan what his response should he. Mr. smith and Mr. Duncan retired. It was Inferred by those present, whether correctly or otherwise, that Mr. Smith would not advlse'Mayor tulllvau to co-operato in tho proposed plau. Mr. Fishback then recounts that Mr. Shaffer refused to bring tho suit, but decided to go to Chicago to talk with the directors, and would telegraph by noon of Tuesday, requesting that Mayor Sullivan should be prevailed upon to delay any demonstration of force until that time; that Mayor Sullivan was seen and asked to delay tbe calling out of the police until noon, bnt referred tho matter to Mr. Hawkins, who refused to consent to the delay, although the Mayor said tho street-car company had given no intimation of any intention to start cars Tuesday morning. Continuing, Mr. Fishback says: I then told Mayor Sullivan that I had a complaint lu my pocket, already prepared to be nieil. which 1 thotinht was sutllcient to secure the appointment of a receiver, aud told him I would much rather tilo It ut no m on Tuesday than to do it at night, it being then after G o'clock in the ovi-ulmr. I then njkel tbe Mayor If he did r.nt believe that if an ec'ort was mad to run the cars hy tho aid of the police Tuesday morning it would result in disorder, violence aim bloodshed, and ho said in hi opinion such wourt be unquestionably the fact. I then aid we will be compelled to commence proceedings lo-nlght. Tuesday afternoon tbe following appeared in the News: Among the rumors prevailing to-day is one that Mayor Sullivan urged the appointment of a receiver for the Citizens' company, and that he urged J. C. Shaffer to permit hi nme to be used In that connection. Mr. buarTer is quoted as making that kind of a statement. When this was told to Mayor Sullivan by a News reporter, he aid: "That is not true. I have not spoken to Mr. Shatter for a month, and I positively did not go to him on auy receivership buineMS at auy time." "Have you ever tkcu part lu procurlug the appointment of a rcceiverl "I have not at any tune taken any steps la that direction." 'It Is suspected that yon wanted a receiver appointed to shift tho responsibility from the city" "That Is also untrue." interrupted tho Mayor. "I never, at any time, advocated any plan whereby tho city authorities were to bo relieved of the dutlv'.s imposed upon them by law." Mayor Sullivan asserts positively that he has not at any time taken any steps to have a receiver appointed. The truth of tbe matter is that Mayor Sullivan will prevaricate when the truth would answer the purpose better. He did take steps toward having a receiver of the Citizens' Streetrailroad Company appointed. He attended the meeting at thotirand Hot-l Sunday nicht. advisedly; ho knew that the purpeso of the meeting was to decide whether or not to ask Mr. Shaffer to apply for a receiver. Tho Journal has it upon the au-

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thority of two or three men, who wero present at tho meeting, that the Mayor agreed that it was the proper thini to do. After Mr. Shaffer refused to make the application Mavor Sullivau chanaed his tactics. He had nothing to do with tho application made by Mr. Fishback because he was not asked to do anything except to see that the police were not called ont until Tuesday noon, and this he refused to do, although as events proved their aid was not necessary. Mayor Sullivan lent his aid to the receivership scheme becauso he wanted to get rid of an unpleasant responsibility, entirely too heavy for him. until it was under way nnd as suddenly withdrew his support. Such a vacillating course was in line with his previous attempts to carry water on both shoulders an attempt that will in timo rid the city of an incompetent ruler. CHICAGO PIItKCTORS. Allerton Crltlclnes Judge Taylor and Says Frenzel Will He main in Charge. Chicago Tribune, yesterday. The action of Judge Taylor in appointing W.T. Steele receiver of the Citizens' Streetrailway Company, at Indianaplis. last Monday night, is regarded by the Chicago directors of tho road as an outrage that will work in favor of the company. Nothing whatever was done yesterday by Messrs. Allerton, McCormick, Mitchell and Bntler, and no communications were received by them from President Frenzel further than a telegram stating that, iu his opinion, the trouble would be speedily adjusted, and that attorneys Winter. Flam and Allen had been instructed to draw up an opinion as to the legality of Steele's appointment. This opinion, Mr. Allerton said, would be sent here as soon as rendered, but that will simply be for tbe satisfaction of the local directors. The strike, as well as the complications that have arisen from the interference of W. P. Fishback, in getting a receiver appointed, will be left wholly to President Frenzel and the attorneys at Indianapolis. In the meantime tho directors declare they are losing no sleep over the matter. "1 have no doubt." said Samuel W. Allerton yesterday, "that bad it not been for the appointment of Steele as receiver the whole trouble would have been settled today. That was simply an infnmous prostitution of legal authority. 1 don't believe the world has ever seen anything quite equal to it, and if the receiver is not summarily removed it will be a precedent that will cost the country more tronble than any action taken in former years in the interest of organized labor. It will mean that all that any body ot dissatisfied workmen will have to do is to get some outsider of interfering spirit to pray for the appointment of a receiver, and thus take tbe management of any business concern out of the hands of its rightful owners. That is a state of affairs that tbe people can ill afford to see come into vogue, and I don't think it will tako many hours for the citizens and legal authorities of Indianapolis to come to that conclusion. "And let me say right here that it is evident that tbe srievances of the men would easily have been adjusted and no serious trouble would have resulted were it not for the intervention of politics. That was at the bottom of Fishback's interference. There was no ground for the appointment of a receiver, and Judge Taylor knew it. A weeic ago the prexs and clergy of Indianapolis were for the men and against the company. Last Sunday they saw their mistake, apparently, and both press and clergy came out iu a positive way for tho directors. Thio farce of appointing Steele as receiver will doubtless meet pronounced condemnation. President Frenzel was appointed only after due consultation of the wishes of the citizens. He is an able man. and they admit it. We 6ball leavo the management of the road in his hands without any interference on our part, and we shall stand by bim to the end. In attorneys WTinter, Flam and Allen we have as able counsel as we coula wish, and the matter of ousting Steele will be left wholly to them. So far as the appointment of a receiver is concerned, it suffices to 6ay simply that that action can only be taken for cause. We. as directors, have done nothing wrong. We consulted the citizens of Indianapolis as to the appointment of a president for the road. We have spent over $1,000,000 on the xoad since we have had it, and we have more than doubled the receipts of it, showing conclusively that we have catered to the needs and convenience of the people. The company is solvent, and is not only willing but anxious to run its cars. 1 don't quite see why a recoiver should be appointed, and I think Judge Taylor will realize that ho has put his foot in it beforo he gets through with the matter. To cut a long story short, it is simply a caso of political demagogues stretching the law iu the interest of mob rule. We are in tho right and shall quietlv await the resuit. It may as well be said, however, that tbe directors will run the road and Mr. Frenzel will be its president." As to the legality of the appointment of Steele ns receiver thero seems to be but one opinion namely: that it was not merely hasty and ill-advised, but unwarranted. A number of leading lawyers were seen yesterday and all condemned the action. Uutler and McCormick Deny. Messrs. Butler and McCormick, of the directory, deny pojut blank the statements attributed) tbe former by Messrs. Frank L. Gates, C. W. Martin and II. D. Beissenherz, the committee who went to Chicago in behalf of the strikers, and which have aroused not a little publio indignation here. The report of this interview was included in tho appeal to tbe public, drawn un by this committee, issued by tho ad visory committee last Sunday evening and printed in tbe Journal on 3lonaay morn ing. Last evening the following self-ex planatory telegram was received: T tho Editor of the Indlana;iobs Journal: My attention has to-day. for the first time, bern called to an article published In your Jour nal Feb. iM., purporting to bo a statement made hy me to a committee of three gentlemen who culled upon Mr. McConn'.cK nna myself with ref erence to tho street car controversy now causing such excitement in yonr city. lu justice to the stockholders and directors of the companr. as well as to the citizens of Indianapol!. I wish you to publish my denial ot having made any such tstaternents, or auythiug npproaching the language or s ririt set forth iu 6ail article. E. K. liUTX.ER. I was present at the entire interview referred to above, and have read the report published in the Journal, and know tho report to be cutlrely erroneous. evues U. MtComiicK. Chicago, 111., March 2. ITALIANS imOUGUT IK. They YTere Also Taken Out Probably Sent Down for Constroctlon Work. Tuesday morning the Monon train brought in forty-eeven Italians from Chi cago. They appeared to be better dressed than the average of their race, yet withal bore the stamp their nationality. There was only one of their number who cnnlu speak intelligible l.n tilish. and he applied to a depot employe for a lodginic-bnuse. He was askea what his party had come here for, and re plied that they had been employed by a rich man in Chicago to work on the streetrailroad here, lie was asked ll it was Mc Cormick who hired them, and replied no. Was it Uutler?" was asked. ,es." an swered the dajto. They secured quarters at a place on Ueorttia street and stayed there until yesterday, when they returned to Cimotro by tho 5:L0 evening train. It is not thought that they came hero to work as drivers or inotornien, but to work ou the tracks. Mr. Fishback Thankcnl. A resolution was adopted by the Retail Clerks' Union, last night, tendering a vote of thanks to Hon. W. 1. Pish back, Jndge Claypopl, Hon. John W. Kern and other patriotic citizens "who have been instru mental in bringing about such & eatia-

a3ici::.ii:nts. GRAND -TO-NIGHT MODJESKA, In "Mary Stunrt." miay Kicir-"COUXTE9 llOUrilNK." aiur.lay ...tir.;e -.S YolT LtlwiS ir. Saturday Nl.Lt 'M A.CHLT1I." PBlcr.S-JaMory. 25o; r.aleonr. 50; PesorvM. 7.C; Drew Cirola. ?1; orchtra n1 Hon. i.5J. Matinee prices same, fcccuro f at lu a ivance. ENGLISH'S Extra Monday, Tuesday and Wedaeaday, March 7, b aud 1), DE WOLF HOPPER, And his merry company in the delightful musical turlctta -WANG-PRICES-All lower fwwr. $ 1.50; balcony reserved. 75c; ba.t ony. loc; .a;:ierr.u:c. feeaU oa to-morrow morning. PLYMOUTH CHURCH Tuesday evening, March 8, Rev. Lyman Abbott. Of Plymouth Church, Brooklyn, will deliver t!s lecture; subject "UNDER WHICH CREED." Beats on sale at Baldwin's Saturday incminir. Admission, with reserved seat, f 0 cents. factory state of aflairs. for tbe timo being. In the street-railway diiliculty." TIIESS OPINIONS. Various Views of the Kecelvershlp Regarded as a Noteworthy Departure. Chicago Times. There Is a bankruptcy that is moral as well as financial, a failure to meet obliga tions that isas surely an act of ineolvtncy in the broad sense as tho permitting of a valid note to go to protest. Why should not a receiver be appointed for the dcliunuent in one case as in the otherf The company owning a grant from the municipality of Indianapolis to use streets of that city for purposes of intramural transit of passengers is, no doubt, tully able to meet every money obligation it has undertaken. Hut it failed absolutely in another particular, and therein may be re garded as bankrupt, Ihe grant was made, it may be assumed, upon the condition, expressed or implied, that. In consideration of tho receipt of a valuable monopoly of the streets of the city it would furnish all necessary street-car facilities, operating its road day in and day out. It is notorious that herein it has failed, for, having trouble with its employes, who are dissutisbed with hours or pay. it has not beon able to carry ont its agreement. It in, therefore, morally bankrupt. It has never yet been held as a stay to a procoss for closing out a delinquent concern that the dentor a in tention w&s good and the fault of failure is not his. Such action miuht enlist the sym pathy of creditors, but without their ns sent would never arrest tho arm of the law. So at Indianapolis. The plea that the company desires to carry out its contract, but is una'olo to engage the necessary labor at its own terms, does not count. To place the aflairs of such a delinquent in charue of a receiver may bo a novel process, but it is maniiestly the duty of u chancellor to keep abreast of changed conditions and not seek lor ptecedents govern ing processes beforo btock companies ha t grown to thir present enormous propor tions and before cities gavo grants for tho use of modern methods of transportation. The Indianapolis company fails notably to carry out its contract. Engaging to furnish street-car transportation, it fails to do so. It has committed therein an act of bankruptcy of which a court of chancery may upon petition tako notice. Appointment of receiver was prayed for and a receiver was appointed. Ho is charged with the carrying on of tbe business of ths cor poration, and if to do so successfully tie must employ tbe old labor at new terms the profits of the coxnpanymay be reduces. bnt the public gets the service it bargained for. The Indianapolis episode introduces a new element of check or correction mto the management of companies holding publio grants, an element that may be of service in circumventing the greed of the holders of such grants, and of assuring to the crantor his full rights. Ihe world moves andsodoconrts. The holdersof Indianapolis street-railway shares may be compelled to content themselves with ordinary dividends. Law Should be Uttablisbed. Terrs ITante Express. The task at Indianapolis Is to establish tho law. Courts are provided for that pur pose and people everywhere desire that this new question be passed upon that they may know whether the innovation of Monday night is to be accepted as a precedent. The emergency which sonicated it never should have been permitted to arise. Hie Mayor and I'.oard of Public Safety ought to be turned out of oiliee. lor a weefc they neglected to do their duty and when the excitement had increased until anarchy was imminent, they sought to subdue it with insullicieut force. Then came this novel and startling proceeding in court by which the property of a corporation is taken in charge by tho court, as a matter of publio policy, not because it is insolvent or nnable in its own operation to conduct its business. There may bo a difference of opinion as to the necessity of this action as regards the prevention of bloodshed, but in itself it raises a far greater question that subordinates all others, and it is one of law. If the action holds Kood and becomes an accepted precedent its far-reaching ellects cannot well bo comprehended. It may mean a readjustment of the relations of capital and labor, the prelude of an agitation that many rersons have felt was coming over tho country. A Mrj of Mud. Artier son Hrlt. When the crisis of the street-car strike came the authorises of Indiauapoli were ftowerless to enforce order aud protect ife and property. The Mayor seems to bo a man of mud, and allowed the police judge of tho city to usurp his authority, dismiss the police from the places they had been assigned, and to temporarily assume control of tht city. This brought chsos. and then the private citizens asserted their prerogative by going into the courts and securing the appointment of a receiver und assume tho management of tho street-railway property, liy thus deposing l'resideut Frenzel order was restored and sireet-car service for the people was again besuo. Such A state of affairs never existed in a Western city as did in Indianapolis for ten days. A Startling Doctrine. Ctlcaco "ETenlrir Journal. it is a startling doctrine that a receiver can be appointed to operate a railroad when the company, by reason of iiunlcnuate protection by ihe police, is incapable of doing so itself. Vet an application has been made for a receiver at IndiauaDoln. and one is said to have been actually appointed. Certainly the courts havo no right to take the management of a railroad out of the hands of its ollirers merely because tho police will not or cannot protect it. Any such doctrine would be tantamount to a concession of the absolute supremacy of the employes of u corporation iu managing its atlairs. m m The Mayor's Incompetency. Xfayelt Courier. . ,. The Mayor of Indianapolis has manifested incompetency in his endeavor to carry water on both shoulders pending the street-car strike. If he had at anytime well-delined policy ho failed to adhere to it, and. instead of commanding respect by the administration of even-handtd justice, he succeeded only In provoking contempt by the pursuance of a vasoillatiug course little less man lmuecue.

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