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Show RECEIVER IS ASKED IIDUH8N Fitzgerald Brothers Are the Plaintiffs in a Sensational Suit. RESTRAINING ORDER IS ALSO PETITIONED FOR Charges of Fraud and Bad Faith Are Made Against the Defendants. Porter R. Fitzgerald and the Fit-gerald Fit-gerald Brothers Lnnd companj- began suit against the Irrigated Lands company com-pany aud its directors, tho Prico River Irrigation company and directors, the Spaldinc-Liviiipstori Tnvnsf pany and dirocfors and tho Utah Banking Bank-ing company in the Third District court late Saturday afternoon to throw the Irrigated Lands company into the hands of a receiver. Tho other defendants are: John Y. Smith, Charles Tyug, Van D. Spalding, Albert Smith, D. M. Landreth and Thomas Austin as directors of the Irrigated Lands company; Thomas Austin, D. M Landreth. William t. Livingston, Ira D. Wines and Charlos Tyng as directors direct-ors of the Price River Irrigation company; com-pany; Van D. Spalding, William D. Livingston, Annie II. and Arch Livingston Living-ston as directors of the Spalding-Livingston Investment company; the Utah Banking company and William D. Livingston, Liv-ingston, Van D. Spalding, Thomas Austin, Aus-tin, Ira D. Wines. Thomas Webb, John 1, Smith, D. jl. Landreth. G. Ray. nioiid Johnson. George A. and Albert bmith, bichard Jones. Henry X. Haves. Charles Tyug, James Christiansen "and m J'JKerald as individuals. The complaint is sensational. The personnel of the directorate of thu Prico River Irrigation company is almost al-most identical with that of the Irrigated Irri-gated Lands company, according to the complaint, it will be observed. The 1-it.zgoralds allege that following the transfer bv them and Landreth of vnl-liable vnl-liable lands and water righis in Millard Mil-lard county, and the Mammoth reservoir reser-voir at the head of the Price river in Carbon comity, with certain water rights m the Price river and an un completed irrigation system all of which is valued at $400.000 to the Irrigated Irri-gated Lands company for 1.640 shares .nuuv in i niii, concern valued nt t-100 a share the Trrigalcd Lands company com-pany through Tvng, John Y. Smith, Spalding, Landreth and Albert Smith, borrowed somothing like S200.00U, executing exe-cuting notes therefor in the company's name, to completo these proiccts. but wasted tho money. Charges Are Made. Coincident with these transactions Tyng. Spalding and Smith, with Livingston. Liv-ingston. Wines and Austin, organized the Price River Irrigation company, os-.onsibly os-.onsibly as a legitimate business enterprise, en-terprise, but. in reality, as a stool pi"-oon pi"-oon in furtherance of a conspiracy to secure the assets of tho Irrigated Lands company and wreck it. it is charged In addition to a receiver Fit.orald Bros, want the 200,000 worth oTnotes declared void and canceled and the transfer by the Irrigated Lands company com-pany of any property to the Price Riv-cr1rl?lt,.0ll Riv-cr1rl?lt,.0ll company stopped. The Irrigated Lands company, Fitzgerald Fitz-gerald Bros, say, wns organized with a capital stock of 1,000.000. divided into 10.000 shares of $100 apiece. Thev procured, pro-cured, they allege, the transfer of the property in Millard and Carbon counties count-ies to the Irrigated Lands companv, receiving re-ceiving therefor I.G49 shares of siock in that company, but thev were shortchanged short-changed in this, they allege, for the reason that the property was worth vastly more. To complete the projects taken over ,JA1iai0(1 La,uls company borrowed 100.000 from the state. The money ....o .u.iicuiu .inn wasreo. nowever, if. is alleged. Through Livingston, John ' Y. Smith. Tvng and Spalding, . I he company com-pany then borrowed another IlOO.OOO ' if fis set forth. ' The projects are not completed vet and tho directors say it will take 80,-000 80,-000 more, the Fitzgeralds allege. In this connoction it is charged that Tyl" Spalding. Landreth and John Y and Albert Smith illegally contracted debts for the Irrigated Lands company and, lolJowing the borrowing of the lust $100 000 jjavo 0llt thnH M lake $100,000 more. In order to obtain ob-tain the second $100,000 they agreed -"lpn-n'nt-1t-rat,,,er 'ysome sum of .rSL'o.OOO, it is charged. Tyng, John Y. and Albert Smith. Spalding and Landreth, it is then al-ioged. al-ioged. along about Sentember 1. last in order to get this $100,000. oxectited uofes in various amounts a'gregntiii" Til.-iO.OOO nt the same lime giving out that .only $100,000 was needed, but explaining that $50,000 was a bonus or gitt to the persons furnishing the money, mon-ey, and setting forth that the Irrigated Lands company would execute an groement Jo pay $75,000 addition-al addition-al to the .-poO.000 as a bonus to tlm advancing the $100,000. Notes Aro Endorsed. Notwithstanding that the contract was usurious and therefore fradulent )I s alleged, Livingston, Spalding, Aus- teAVUAS'cWb' ,rolm Y- Albert 1 George A. Smith, .Jones, Hayes, Tyn". Christiansen and Hart J. Fitzgerald indorsed in-dorsed the notes of the companv to borrow $100,000 in consideration of which they aud the persons from whom the monoy was to be obtained would ft?fte,y lie c"mlnny's notes for $1S0,-S $1S0,-S b-,cis.es lH awcincnfc to par $7f,-000 $7f,-000 additional bonus. This scheme, tho 1'itzgeralds charge, was for the purpose of evading the statutes relating to usur3. Tyng, John Y. Smith and Spalding, it is charged, pretending to act for the Irrigated Lands companv, causod these notes and the contract fo par the $75- ouu io oe executed when they were the beneficiaries, boing entitled' under the !-i?AnAecm-eu1' to something moro than .?5000 apiece. That the companv novcr got the lull $100,000 is another "chargo fyiig, John Y. Smith and Spaldiii" pretended pre-tended to borrow the $100,000 o?i the notes, but no more than .fGo.OOO waf coverod into the treasury, it is alleged. It is in this connection that Tyng Spalding, Smith Livingston, Wines nnd Austin are charged-with organizing tho Price River Irrigation company as a stool pigeon to acquire the assets of the Irrigated Lands company. Anion" tho incorporators in this "concern "wore Landreth, Webb, George A., Albert and John 1. Smith, Chrisitianscn, Jones, Austin, Wines and Livingston, all in-dorsers in-dorsers of the notes for $150,000, it is f-ot forth. In furtherance of the conspiracy, con-spiracy, Liwngstou was appointed trustoo and all tho properties of the Ir-rigntcd Ir-rigntcd Lands company were trans-xerred trans-xerred to him, il is charged. Without Consideration. This transfer, it is alleged, was without with-out consideration and is therefore voi t is set up, but Livingston ami tho Price concern hold out that they Sro the owThor8i.Mtf2,pIroprrLy ,-i,,st ihc iho Fitzgeralds also charge that thov (lirL-nflr10thrarc tho ony QC3 holding stock in the Irrigated Lauds company which was paid. for. From tinio tnTiSS rne company, without consideration, has S00 shares, amounting to $6S0,000 These shares aro hold by LivingS Jyng, Spalding, .lolm Y. Smith and others unknown to them, the Fitzcer aids say. Tho Irrigated Lands com-pauy com-pauy has. also delivered to the Pri?e company its choses-in-uction and other sidTrS: 15 J,SSCrt0d' outeoS . Following the organization by Livingston Liv-ingston and Spalding of tho Spalding-Livingston Spalding-Livingston Investment company' Snald-mg, Snald-mg, acting as a director, it is charged represented that certain holdings of the JffiK f LflU18 nW tSiuniso i! Sanpete county, wore valudoss, when in lact they wore valuable, and pro cured the assignment of tho property mi T-lIiyestn,Gnt company. Tnl.nv MBunkmtr company, of which loan 1. Smith is cnsliior n,i n .-..1 I president, is made defendant, for the reason that it is tho holder of n nun of tho $150,000 of the Irrigated Land? company's notes. -"."iiis Aim-S VI ill9 "'?-icci? Carbon and C0l,nvcs has bee suspended, the .Fitzgeralds say, and the Irrigated s wfth assets worth more U nn irjOO.OOO, is virtually nsolvent. 000 contract will result in the dostruc-tion dostruc-tion or the company's ussels. and al- ,rn" nwn? n0t1CS ".' tho cntract both ire illegal and void, none of the defendants de-fendants are taking steps to prevent the payments, it is charged. Cm tho contrary, the defendants llre oinir ahead paying the notes, it is changed; hence tho request for a rocoivor ami a restraining order preventing tho trans-ter trans-ter of any of the properly aud the pav tueut on tho notes or contract. " I |