The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-20
Supreme COurt.
SPECIAL TERM.
ncfnfn Ann Ialnn Mifahnn


Before aon Judge Mitchell
CoNsTITUTI0NALITY or ORDERS or REFERENCx.
Arm 1o.-Somuei "A. Jadson against Edwsrd p. Clark,
SfiHnai X. Wfghn,o,', Henry Salisbury, and ohers-ln
this motion made be the above named defend
ants for appointment of referees and resisted by the
plaintiff and the other defendants Mr. q. s. Spencer.
counsel for the latter raised the objection that unless by
the consent Of all parties tho Court had power order
reference that such course was directly contrary to
the constitution and invasion of the right OF trial by
jury thereby guaranteed In support of this argument,
he quoted article 7 Of the amendments TO the constu
ton AZ follows -: Where the value in controversy shall
exceed go the right of trial by jury shall he
And section article of tho Constitution of New York
sa by 1uLy IN all eases ~ winch has crsn
history Of tho convention showed the principal grievance
at the time of the formation Of this constitution and in
tended to be rcmeded the tual and
fringmen Of this right and he conended that neither
the Legislature the OF this State now by
any enactment, rule decision legally cvadc or annu
the right guaranteed by the federal constitutions
thai. though in many Gases where il suited the purposes OF
some parties mtudes Of referred and their
merits dement's thereby concealed from the light The
question OF the legality OF doing had been brought
before the courts of the United States appeal it
intended SO be done the decision adverse
Again According TO the rucsof Court and the merits Of
this care was not proper one for reference The
plaintiff had loaned money the checks of the de-
PENDANT Clark and the collateral security OF sewer
contracts which 1T agreed to be held for him
In five minutes the proof of all the items could be taken
The contracts without plaintiff knowledge assign
ed to another defendant; and it said nc was ef
without remedy In this fraud alleged; and plantl
conended he had right to follow the contracts they
taken with knowledge There had also an
sgnrent of moneys, to be paid by the Corporation
these contracts. and which he had lion to ohor
PENDANTS Wightman and Clark involved important dues-
tions Of law. which as well that of alleged fraud
unfit to be referred. Decision reserved.
Before Hon Judge Mitchell.
IMPORTANT RAILWAY CASE.
Arn II Hugh White, The Utica and Schenectady Rail,
fore granted in this action by Judge Roosevelt the
plant Of the plaintiff, stockhoder in the Defendants
company restraining the company from subscribing to
Canada Westcaimng that the act Of the Legislature of
April 1851 authorizing the company with Others in this
State to subscribe to the stock of the Canada Road is
unconstitutional tho general ground that it is d.
version of the funds Of the company for purpose not
authorized by the original chartethat the act of 1851
not passed by twothird vote of the Legislature
required by the former constitution under which the
company was charered-and that it is local act, and
embraces than subject and therefore
stitutiona under article g. Of section 49, of the conttu
ton of 1916. The company answered denying the bad
aith chalged npon them by tho plaintiff and JUSTIFIED
the subscription of two hundred thousand dollars which
they had made to the Canada road under the act of 1851
and the consent of than thirds of their stock
the company of 1888 the Legislature reserved right
to alter modify, or repeal the act The company also
claimed that the proposed in Canada If constructed
would be very beneficial to their business. that in
view OF the roads constructing along the south shore
Lake Erie carrying Western trade in that direction the
low fare the central line Of roads and their increased
capital consequent upon improving their roads by lay
ing down the heavy iron rail and otherwise it is impor
the Canadian peninsula uniting with the central line in
the east, and the Michigan Central Railroad in the
west. making the best line between New York Albany
and Chicago The roads the central line from Albany
to Rochester and Niagara Falls had all subscribed to
the Canada road their subscriptions amounting in all to
five hundred thousand dollars. and individual subscrp-
tons had been procured in the United States to three
hundred thousand dollars in addition-making in oil
eight hundred thousand dollars in the United States
Additional facts, bearing the matter stated in
the papers Of both parties The Utica Railroad Com
pany now moved to dissolve the Injunction and the mo-
ton Is still pending before Justice Mitchell at Oh anbers
Mr. j. " l.. Pruyn and Mr. A. c. Paige, Qate Justice Of
the supreme Court appeared for the company. Mr.
Charles Tracy and Mr. b f. Butler for the plaintiff Mr.
Pruyn was heard Friday, Mr. Tracy Saturday
The argument will not probably close till Monday.
Before Hon. Judge Roosevelt.
ArRn II In the case of Relay the Harlem Rail-
road Company for causing the death of PLAINTIFF child
the jury returned sealed verdict Of $50 against the de
PENDANTS We understand that the company had offered
Mr.. Relay 81 500 in order to avoid the law suit.
Superior COurt-tseneral Term.