New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-09

!. ,,,rc.,.d ;, the cabin, followed by
on oeSs, soners and two others, who ehte'eu sOus
h;n ard II IS charged thar are" sues'u S 49,
va made pass al the Captain wn'cn ne -. ~
tno 10 cabin Next morning the Captain SEM Ioi
fhen srS the men were carried before the Amercah
esS who after examiDstioD, caused them To De SEM
me on the charge. The points are denieo Inc CA
ANIMATION is tull on
surREmE CoURT Special Term-Be-
r "a Jpdce Mitchell ID eel Ions. -HagA 6N"s
-, tlr Isea and Schenectady R0lrOad Co ana oNers.
NJ Iris case temporary Injunction had been Au'oa
Ths Iitcs spd Schenectady Rsilrosd Co. was lncSPO
rs,ed the Court said In 1893 70 make K r2aa IL,
Schenectady on the north side Of the moha"S y ~
village OF Herkimer and 10 terminate 10 tns cy ~ i,
"a N such point rs the Common C0uncil OF tnsI ~
.hould desppste II was expressly MADE supecs "a
general restrictions and liabilities prescribed oy 'e ~,
Chapter frst part Of the Revised statutes a. 49,
repeaIed--ope OF which 10 that tne cnar.ei poise3
corporation that should be granted after tue 80
Statutes took effect should be !, 49,, es.a,nre
pension and repeal 10 the discretion OF me
Section 70 Of the Company declares thAI .n ~ o.
ture may az any tine, alter, modify, or ne Com
The plaintiff has been large soe knoi1ei ="
p6ny for more than four years oacA, suu ~, p.sor
iba IN Anril 1851 the Legislature passed law
ling any railroad corporation IN tae otAIg} ~ .,
consent Of twothirds in am )unt OF lne 49, = ~
Iosn Ire credit or become the owner OF SUCK IN luo
Geo, Western Railroad Company, Capsda W ssL " az
an cunt not exceeding percent oil tue capita VI s
company 90 loaning its credit or sooscrlol1s " rs
proyiding the eastern terminus oil tne Ioaa ~ ss,
N some point on the Niagara ver,-ano Iaat suo W 80
ors of ibis Company threatened 10 suoscnoe " li'
stock n tie Canadian Company and had Gons ~ a.
though the complainant and some DINER stocS
;ected More than two thirds Of the stockholders IN
ount have given their assent 20 the subscription eou
none are shown have expressed their dissent except
she plaintiff and one Of the directors.
The Court referred 10 the consuuOna pOiots VI Ino
,.e and also 10 the objection that II could never nave
heen the intention of the Legislature to authorize or
compel subscription to foreign corporation IL con
sjdered tire points not tenabe. This state ps no more
power Of legislation over pennsylvania or New,JeL'S
than II has over Canada yet if IL becomes Important 70
The public that the Ere Railroad should pass through
part of Pennsylvania or NewJersey, or that a r4ao
should be made In either or both OF those otdes' mas
the State surrendered the power OF authorizing or COM
pelIpg the Erie Railroad Company to aid In the com:
Mellon OF such road through those states or would
there be wisdom 10 the State guaranteeing that power
So to connecting in the other neighoong states
Tie grea. object of most Of the Atlantis States 70 &C.
cure the Western trade For this purpose the quickest
route sy possibly be through Canada 70 one oil our
sister States bridge Niagara might be essen
tal 30 the continuous travel which now the public re-
quire to be como ucted with railroad speed, and rail-
road through parts Of Canada msy be just as necessary
to complete The chain of shortest routes or TO create
that completion which Is so essential 10 saie rapid and
cheap travelling. Of all this the Legislature Is 10 Judge,
and the Courts and the parties TO submit to its au
thority and to appeal to it alone for repeal or modi
dcatiop Of its laws.
The Court referred to various decisions and to points
oil the case.
The Injunction granted In the case restraining the
Company from subscribing or perfecting If 1t had done
sol was dissolved, costs 10 abide the event
Skfphrd and Others set Me Protection Insurance Co.
The defendants, corporation dong business IN tne
State Of Connecticut inquired HolbTook a. Co. OF Mas,
sachutetts, against loss by fire. loss occurred ana
H. Co sfterward assigned their claim TO plalnnn''
who reside In this State. ~
The question now raised Is whether the defendant
has right to this cause TO the Circuit Court OF
the Southern District of this State The Court consd-
cred that being chose In action, the original party
could not bring the suit In the IT, s. Circuit Court here
and that the assignee cannot The order entered ny
default allowing the TO be removed into the u q
Court vacated and the motion remove the cause de-
MED but without costs and with stay of proceedings
to enable the defendants 10 appeal to the General Term
II they elect.
Court OF GENERAL SEssIoNs-BefOre
Judge Beckett, Aid Cornell and Avord.- Sentenced
John Thompson, convicted Of grand larceny, sen.
fenced 10 the Stste Prison for four years and three
months Charles Neer, convicted Of like ofense, was
sentenced 10 the State Prison for two years George
Rich Ike ohense 10 the State Prison two years James
Riley convicted of assault and battery, Penitennary
twelve months.
Trial for Burglary Charles P Mcdonald and Mary
Hines were tried and found guilty of having burgar
ously entered the dwelling of George H. Vankeek, and
stolen therefrom $50 in bank bills. Mary was recon-
mended TO the mercy Of the Court sentence deferred
Thomas Wilson boy fourteen years Of age, was tried
and convicted of burglary in the first degree The Court
sentenced him 10 the House Of Refuge.
heghitsd-Henry Mccarthy and James Thompson,
indicted for grand larceny, were tried ana acquitted
The Court then adjourned for the day.