Indianapolis Journal, Indianapolis, Marion County, 3 December 1893 — Page 8

THE INDIANAPOLIS JOURNAL, SUNDAY, DECEMBER 3, 1S93.

TIIE RECEIVER STAYS

Judge Winters Hands Down His Decision in the Iron Hall Case.

Receivership Made Permanent with Instructions to Distribute the Funds Will Be Appealed,

At 9 o'clock yesterday momlnsr the attorneys In the Iron Hall case assembled In Room 1 of the Superior Court. Judge Winters announced that he would adopt the peclal findings of th plaintiffs as the findings of the court, and asked if he should read them. The attorneys agreed that the reading of the findings should be dispensed with, and the court then read its conclusions of law upon the findings. They are as follows: "1. That the defendant In the Issuance of certiticates of membership for the benefit fund In the finding of fact3 described was e'gajred In doing a health, accident, life and endowment insurance business, and the same was neither charity nor benevolence within the meaning of the statutes and laws of Indiana. "2. That under the said contracts made by the defendant with persons holding certificates in the benefit fund the defendant was bound to pay the full, or gross, amount severally named in said certificates at the expiration of seven years from the date thereof, if then in force; less the payments (if any) theretofore made on such certificates on account of sick or disability benefits. & That- there was jno leiral obligation on the part of such certificate holders to pay thereunder to the defendant any sum of money whatever, the payment of assessments by such holders being optional on their part, and the failure U pay involving no other obligation, duty, or penalty than the forfeiture of their rights as such holders. "4. That thedefendant is not a mutual company in the sense that the certificate holders in Its benefit fund are members sitting of the Order of the Iron Hall, as the certificates constitute contracts entered Into by said defendant on the one part, and certificate holder on the other part, cf the legal Henor and effect stated in the second conclusion above. "5. That owln to the Maladministration, wrongful and fraudulent conduct of the officers of the defendant, and the consequent litigation in this court, and the litigation in the courts of the various other H tales, and the failure f the members of the various local branches throughout the country to maintain their local meetings and organizations, and the quite general abandonment of the order by the members thereof, and the tying up, holding and distribution cf the funds of the defendant in and by the various suits, in the various courts throughout the country, together with the dissensions existing between the rival, so-called, organizations, and the failure of the defendant to resist any other , suit than this, or to do business since the interlocutory order herein appointing a receiver, and also the Insolvency of the Su freme Bitting of the Order of the Iron lall. the defendant, at the time of the commencement of this action and at all times Blnce, and now make it impracticable and Impossible for the defendant to lawfulproceed with or to continue Its business. "6. That under the statutes and laws of the State of Indiana and in accordance with the general rules of equity, the assets of the defendant remaining, so far 'as the same can now be done, should be distributed among Its general creditors and the holders of certificates In Its benefit fund, by and through the adminlnstratlon of this court: and that the receivership herein rhould be continued and made permanent to that end. "7. That the plaintiffs are entitled to have Judgment and decree in their favor against the defendant herein, the corporation known as the Supreme Fitting of the Order of the Iron Hall, for the proper distribution of the asset3 thereof among the creditors and certificate holders, and for trelr costs." Ex-Judge Howe excepted to all the conclusions of law except the last and the exceptions were appended to the conclusions f the court. Ex-Judge Howe then filed a motion for a new trial, excepting to the admission of the circulars In the trial of the case and the admission of thirty-five of the exhibits which the court had allowed to go Into the record as a part of the evidence. motion was promptly overruled and tx-Judge Howe allowed sixty days within which to file bis bill of exceptions. THE COURTS DECREE. Mr. Harris, of counsel for' the plaintiffs, then read the decree, which was as follows: "Xow again come the parties by their reEpective counsel, and this cause having een heard upon the issues Joined, and the court, at the request of the defendant, having made a special finding of facts and stated its conclusions of law thereon, and being sufficiently advised in the premises upon, such facts and conclusions, doesfind for the plaintiffs that they are entitled to have and recover Judgment against the defendant, the Supreme Sitting of the Order of the Iron Hail. In accordance with the conclusions of law as stated by the court. "L It Is therefore ordered, adjudged and decreed by the court that the defendancorporation, the Supreme Sitting of the Order of the Iron Hall, was at the commenct ment of this action, and ever since has been and now is. insolvent, and that It -Is unable to further carry on the business for which it was organized, and that its assets and property should be reduced to money and paid and applied upon Its debts and outstanding obligations and liabilities. "It U further ordered, adjudged and do creed by the court that plaintiffs have an. recover of and from the defendant thei costs laid out and expended herein, taxe at $ - "2. It Is further ordered, adjudged and decreed by the court that James F. Fallev

be and Is hereby continued receiver of and for the defendant, the Supreme Sitting of the Order of the Iron Hall, and such ap pointment U now hereby made permanent: and he Is required to file a new bond herein as by law required, payable to the clerk of this court. In the sum of $1,230,000. with sureties to be approved by the court, and shall duly qualify as such permanent re--ceiver. "And said James F. Falley, receiver, 1 ordered and directed to make 'and file v report of his doings as receiver from thp date of his last report down to date of his qualification herein as permanent receiver. 3. It is further ordered, adjudged an ncned by the court that the said JamP. Fraiiey. as such permanent receiver i ordered and empowered and authorized tkeep, receive, take, hold and pav out anr distribute, under the order and direction o this court, all th property, re-1, persom and mixed, of any and every kind, of an belonging or coming to sM defendant, tlu Supreme Fitting of the Order of the Iror Hall, together with all Its moneys, bond? bills, notes, checks, cl-ilms. assets. dbt and effects of any and every kind, boU within or .without this State: win full power to demand, receive and collec In his own name, as receiver, from the do fendant. and from all its officers, agent branches, bankers, and any and all other Bersons, whether within or without thl . tate; and to take and hold and keep lr his possession under the direction of thl.court, nil the realty, goods, chattels, mon- -eys. bills, notes, drafts. chos?s in action claims, dues, demand?, rights, asset?, credits and effects, books, papers, property and thlncs of any and every description, belonging to th defendant at th" tlm of the bringing of this action on Julv 23. 1S32. or since acquired, and to do and to perform all and singular, the duties lmposd upon him or required by law. And said receiver Is empowered to sue in hl own name, as such receiver, any and al' persons, corporations and bodies within and without this State who neglect or refuse to pay to account with or turn over to him anv of the money or property of the defendant, as aforesaid, or otherwise due or coming to him as such, receiver, or who neglect or refuse to comply with th?sorder, judgment or decree, or with any other or further order made herein. "4. It is further ordered, adjudged and decreed by the court that each and every provision of the order heretofore made in this cuse and in this court by the Judge thereof on the 23d day cf August. 1S92. and also all subsequent orders, are herebv confirmed, ratified, approved and continued, 4eeDt in so far as modified by this or subsequent orders af this court. AN ACCOUNTING ORDERED. 5. And it is further ordered, adjudged and decreed by the court that the sold defendant, the Supreme Sitting of the Order of the Iron Hall, together with its officer?, agents, servants and employe within and without this State, Including the officers, agents, servants and employes of ihn several local branches, both within and without this State, where the tame has not already been done under the previous orders of this court, are each and all ordered, directed, adjudg-d and hereby required to account with, deliver, pay over and surrender to the sail receiver all and fcingular. tlu property, moneys, stocks, claims, notes, bends, securities and assets of any an every kind whatsoever, hrld by them, oi any of them, belonging to the reserve fund of the defendant, or any other fund of auclx defendant; and to account with. tay

over and surrender to him, on personal or written demand by him or his agents or attorneys made In that behalf, all and singular the property, money and things aforesaid, lnclidlng all moneys, notes, bonds and securities of any and every nature whatsoever, held by t'uem and each and every one of them, without regard to whether the same belongs to, or is held or Invested for the use and benefit of, the

reserve fund of the said defendant, or any other fund of trust belonging to or held for the use and benefit of said defendant. "6. And the said defendant, the Supreme Sitting of the Order of the Iron Hail, its officers, agents, employes, persons, local and sisterhood branches, and the officers and agents thereof, are each and -all hereby ordered, adjudged and decreed, and required to make, execute, acknowledge, transfer in writing, or otherwise, account with and assign and deliver to the said receiver any and all property, deeds, securities, bonds, notes, mortgages, collaterals, choses in action, obligations of every kind, whether the same are held within or without this State, and which said receiver .shall deem necessary or proper to be made or done, to more effectually vest in him, as rvtti receiver, the said property and effects of the said defendant. 7. To the end that ail the property, money and effects of the said defendant, the Supreme Sitting of the Order of the Iron Hall, may be cori3erved in equity for the benefit of the creditors and certificate noders of the defendant, each and every officer ami. member, of such defendant, whether within or without this State, and each and every officer and member of eac. and every local and sisterhood branch of the Order of the Iron Hall, all and singular, are hereby enjoined and forever restrained from using, expending, paying out, transferring or in any manner disposing of the money, assets or property of any kind mhatsoever in this order and decree mentioned, or In any wise disposing of the books, documents or papers of the defendant, or of any local or sisterhood branch of the said Order of the Iron Hall, except to safely keep and deliver the same cn demand, as aforesaid, into the hands of said receiver, as herein directed. "8. Such receiver is authorized and empowered and has liberty to employ all such assistants, clerks and representatives under iim as shall be deemed useful and expedient in the getting in, preservation and listributlon of the property and things in this Judgment mentioned, and to pay to them proper and reasonable compensation for their services out of the moneys now ir hereafter coming to his hands as such receiver. "He is also authorized and empowered to employ such attorneys as may be necessary to enable him to fully execute this decree ind to carry out, perform and discharge nis trust, and to pay them fair compensation for such services as they may render in his behalf. "9. The said receiver Is hereby ordered and directed to proceed with due speed to reduce all the property, personal and real, other than cash on hand, or hereafter coming into' his hands, to money, by collection, ale or otherwise, so as to enable this ?ourt to speedily make an equitable distribution of the property of the defendant, the Supreme Sitting of the Order of the Iron Hall, among its creditors and certificate-holders. "And to that end he 19 hereby directed, tuthorized and empowered to at once take ill such proceedings and steps as may be necessary to consummate such purpose. "And it appearing to the court that attachment and receivership suits have been brought against the defendant, the Supreme .Sitting of the Order of the Iron Hall, in 'ery many States and Jurisdictions throughout the United States, and that in such proceedings the courts have taken into possesslon and control of the property of the taM defendant, the Supreme Sitting of the Order of the Iron Hall, in such States and urlsdlctlons, and now hold the same under the orders of the various courts. TO INFORM MEMBERS. "It Is therefore further ordered, adjudged nd decreed that said receiver do at once inform each and every of the parties and ;aid courts, and the receivers thereof in which said suits are now pending, of this judgment and decree, and reiuest each and very of said courts and receivers, and of every court and receiver that may hereafter take possession of any of the property of the defendant In any State of the Union, or elsewhere, within a reasonable ime after such request, to account with he said James F. Failey, receiver herein, for and on account of all the moneys and roperty of any and every kind, had, taken )r held by such court or courts, and receiver or receivers in such proceedings, .nd after deducting all lawful costs, charges tnd expenses in such behalf made, to remit ind pay over the money and property in lis or their hands, or under their control, to James F. Falley, as receiver In this "ourt, to be by him taken and held, together with the fund3 on hand as the property of the said defendant, the Supreme Sitting ?f the Order of the Iron Hall, which moneys, together with all the moneys coming o the hands of the said receiver herein. hall be hereafter equitably distributed among th creditor and vrtifl"t i of the said defendant, the Supreme Sitting of the Order of the Iron Hall, under the administration of this court. "10. And to this end it is further ordered, adjudged and decreed by the court that the members of all the local and sisterhood branches of the Order of the Iron Hall, in good standing, whether within or without the State, that have heretofore accounted to said Falley, receiver, and paid over to him the moneys and properties of the Supreme Sitting of the Order of the Iron Hall :n their hands; and that members of all ch local ana sisterhood branches hereiter properly accounting with and paying ver to said Failey, receiver, within a reasnable time, the money and property of the upreme Sitting of the Oiler of the Iron .all in their hands at the time of the comlencement of thl3 suit, or thereafter comig to their possession: and the members f all such local and sisterhood branches hat have or may hereafter, within a returnable time, properly account with ny other receiver, and such othr receiver. whether within or vlthout this State shall within a reasonable ime, upon proper demand, account with nd pay over to said Falley, receiver heren, the property and money of the said upreme Sitting of the Order .of the Iron laU bv such receiver taken and

ccelved from such local branch or branches -shall be entitled, on distribution made .erein, to uhare equally and ratably in the unds now held or hereafter coming Into he hands of said 'Falley, receiver, with he creditors and certificate holders of the aid defendant corporation residing in the itate of Indiana or elsewhere. "It is further ordered, adjudged and dereed by the court that If any local or Isterhood branch of the Order of .the Iron Hall, or the officers of any such branch, or ny court, or the receiver or officer thereof ,ow having or heretofore having taken nd distributed or disposed of the assets, moneys or property of the defendant, shall ipglect or refuse upon being requested by ne said receiver herein as aforesaid, then e, the said James. F. Falley, receiver, is rdered and directed with due speed to reort the facts to this court, and when so reported the court will make such order nd orders in the premises as at such time ny term proper to be made. "To the end that a proper order may be icreafter made for an equitable and speedy listributlon of the money, property and asJt'ts of defendant, the Supreme Sitting of he Order of the Iron Hall, to and among the persons entitled to have and receive the -ame, the receiver Is hereby further orderd with due speed, to report. to the court ill information In his possession touching he best method of ascertaining and estabishing the claims of the creditors and ?erttficatt?-holders upon the fund to be distributed. "11. The court reserves the right to modify any of the provisions of the foregoing onlr, and to make such other and further rdcrs from time to time in this case as may become necessary to be made." MODIFICATION ASKED. At the conclusion of the reading of the decree ex-Judge Howe moved for a modl- ' cation of the decree, and was given till !:CQ p. m. to present his grounds for the modification to the court. At that hour the attorneys again assembled in the court -oom and the motion for a modification was Hied. It asked that the court appoint a temporary receiver, whose duty it should . to convene delegates' from the members of the order In a national convention to elect officers and see that the property of the order was turned over to this organization as soon as It was effected. It also isked that the decree be so modlfli-d as to set the case for further hearing In order to determine which If either of the present intending organizations be legal, and if neither to give the members time to effect t legal organization. This motion was also promptly overruled and exceptions taken iy ex-Judge Howe. During the course of he talk between counsel in the afternoon dr. Harris questioned the rl;rht of exludge Howe to appear in the case. The itter replied that he represented the memershlp of the order and not Somerby, and hat he should appeal to a richer tribunal. The appeal may delay the distribution six tonths or longer, but Judge Winters will cnr.it no delay that he can prevent. At th suggestion of the attorneys for the lalntiff3 the ccurt held an Informal cor.sulitton with all the attorneys on both slles, nil decided to 1. crease the receiver's bond - $1,250.'. In the afternoon thj receiver ime into court and filed his new bond, .hlch was approved by the court and the ecelver quailed. The bondsmen on thz new bond are: Albert Lleber, Henry V. Lawrence. Paul Krauss, Frank M. Dow.

Aaron Blair. J. P. Frenzel. Otto T. Frenzel, P. H. Fitzgerald. Edward Hawkins, William Hauelsen and Christ. F. Bals. LODGE OF SORROW.

The Elks in Sacred Session Will Commemorate Their Dead.

It is customary in the order of Elks once each year to hold a sacred memorial session !n commemoration of the brothers that are forever separated from the fold.

The day set throughout the entire length and breadth of the land 13 next Sunday. The memory of those that are gone still

lives In the memory of Indianapolis Lodge. This year they will hold this imposing session at their new lodge rooms. No. 116 North Meridian street, and It promises to be an event of more than ordinary Interest Elegant souvenir programmes will be issued and invitations to the friend3 and

relatives of the members extended. The

sendees will be in commemoration of George C. Harding, died May 8. 1SS1: Frank

J. Kleider. died March 30. IbSS: John Fahr-

bach, died Jan. 23, 1SS3: John Edwards, died April 18. 1SS3: A. S. Stewart, died April

1. 1&H; James G. Fogarty, died May 26, i

lid r . Gall, died April 19, li. H. Francis, died Sept 15, 1SS1: George W. Hill, died March 27. 1S91; Richard E. Smith, died Aug. 30, 1S91; Samuel E. Slinkard, died Feb. 15, 1S32; James B. McElwalne, died April 23, 1892: Charles J. Parmalee, died Nov. 10, 1S92; John C Belgler. died Dec. 25, 1S92: Frank Train, died April 28.

The services will include the following: Opening services of the lodge of sorrow

by Incianapolis Lodge: prayer by the lodge chaplain: memorial ode, quartet and lodge; Lead. Klr.lly Light," quartet, Miss May Johnson. Miss Winifred Willard. Mr. Wil

liam Wocher, Mr. Emll Steinhelber; address, brother Jay G. Voss; soprano solo, "Rock of Ages," Miss May Johnson; address, brother James M. Healey; hass solo. "Judge Not Ye'O God," Mr. Emll Steinhelber; address, brother James M. Cropsey: "God is a Spirit." quartet: dox-

olosy.

The committee on arrangements Is as follows: Will T. Kavanaugh chairman. Will E. English. Joseph T. Fanning. Jay G. Voss and Adolph Erdman. An tl-VnccI nation. The State AntI-Vaccination Society will meet in convention, at the Bates House clubroom, Tuesday, Dec 12, at 10 a. m., Its purpose being the following, as taken from its circular: "Owing to the oppressive attitude of the School and Health Boards of Indiana in enforcing vaccination upon the people a practice eminently dangerous and notoriously useless many citizens are determined to make a combined effort to liberate themselves from this oppression and make its continuance impossible. If you cannot be with us write a few lines expressing your mind on the subject."

New parlor good3 at Wm. L. Elder's. Gluten breakfast food at Van Pelt's.

MEfcT The Window Bargain Crowds MAKING A "SWELL" MONDAY EVENT Yet there is room and goods for all. Christmas buyers come taster still on MONDAY! MONDAY! For the window bargains. Priees not in it. Come early. Novelties always.

I-ASTMAN. f SCHLEICHER & LEE Window Bargain Sale Every Monday.

BAMBERGER'S!

Special Bargains in Ladies' Furs. ,

.Must

close them out before the close of the year.

Mink Capes 18 inces long, worth $50, go at $30. Mink Muffs, best quality, only $8. Electric Seal Capes, waist length, only $7.75. Astr akan Capes, waist length,only$9. Lynx Boas and Muffs to match very cheap. Ladies' Seal Caps, h a n dsome . designs, at half of the original price. Ladies' t'eal Gloves, $4.75. Our fur trimming at reduced prices.

Corner "Wash, and Penn. Sts.

DALTON'S CALENDAR.

Dec. 3 B?Tolatlonry army Us tuuided. 17S3. Dec 4 Sen.ite expels Erecken rHpe, ot Kentucky, 1861.

TVith Christmas coraln on aptee With balls ani parties anl all tliat: Ilowcnn you face frowning world in such a siiockiug hti

Knox's famous Silk Hats, and full lines of th latest styles iu Derbys.

DALTOJJ, HIGH-CLASS BATTER,

Bates Houro.

.Mm

WASSON'S

emeu

Offers this week the Choicest Goods in Toys, Dolls, Games, China, Cut. Glass, Lamps, Silverware, etc.

tiRUMS, HORNS, GUNS, SWORDS,

:mtiMm&9 AIR GUNS,

SOLDIER ' SETS.

Shoofly Horses, 59c

TT T I nannn nl o ml ci.Anrr

FT .

-5"ir- . .-' ' i

12-inch Paper Cover Toy Trunk, 25c. Others up to $1.50.

Doll Baby Cabs, willow body, 25c

Hardwood Combination Desk and Blackboard, 75c

POP

SfiOULD BS IN EVERT HOE. 1UST THE THING FOR A HOLISAT PRISIHT. Halm a Game, 73c. Parchesi Game, 73c Tiddledo winks, 10c up.

THE STEAMER 3STEW YORK. A Perfect Model, $1.25.

Wooden Trains, 39c up.

"Wooden Ships, 25c up.

Iron Stove, liko cut, 59c DOLL SALE.

Bisque Head, Moving Eye, Jointed Kid Body, Bisquo Arms, Flowing Hair,

rCi H inches loDg.

Bisque Head Dolls, fancy dressed, worth 50 and 75c, for 39c

if n

Iron Trains, Hose Carts, Hook and Ladders, Fire Engines, etc, 25c up.

Cuff and Collar Boxes, in Leather, Plush, Metal, Hardwoods and Celluloid, 50c to $7.50.

King Toss Game, 25c Other Games, 5o up

Steam Train, 89c

sisar IU '

Work Boxes in Leather, Plush, Metal, Hardwoods, Celluloid, all new goods, 25c to $5,

Combination Blackboard, 35c and up. Toy Wash Sets, like cut, 10c

Railroad Blocks, ISc

Celluloid Toilet Cases, with white fittings, S9c.

7,1 p&pi - T

LEATHER TRAVELING CASES, Larso Assortment. Now Pocket Books, Card Cases,

Bill Books,

SEE THEM.

t b v ,sr .r -. .

Steam Engines and Toys, lowest prices.

SEE OUR ASSORTMENT OF

EICH CUT GLASS, BRIC-A-BRAC, FINE LAMP SHADES,

FINE CHINA, ONYX and METAL LAMPS, CLOCKS and BRONZES.

s 7 T i - :. a' 'v-.-'

Ciaar Cases.

5 O'CLOCK TEA KETTLES, Brass and Copper. New Styles, $1.50 to ?5. SEE THEM.