The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-10-12
The Nicaragua Transit Company-Motion
for Injunction and Receiver Denied.
SUPREME COURT-ePECIAL TERM.
Before Hon. Judge Clerke.

Deiofc Hun. JuoBo tfcrke
. oc1 s-JremiaA G. Hs~saaon Us. Tie Accessory Tran
SIT Company and Qhers.-I do MOI acquesce in the op
MON expressed by the counsel the plaintiff that the
Company has, for any cause been dissolved by any
horty exercising supreme power In Nicaragua shs sp
pication must necessarily be granted. This Ia app
cation injunction until the trial. and for the ap
ponfment OF receiver These provisional remedies
the sound discretion OF the Court and should
granted unless least there the strongest probability
that the Court will ultimately decide that the plaintiff il
entitled to the relief which he demands in h- c< psin
and that the property In danger OF being lost
rally Injured impaired, before the fu investigation
aud fpa deter mination OF the case. The judgment de
handed by the plaintiff Is that the Company be declared
TO be dissolved There probably, be little doubt
the plaintiff will be able prove the trial that
rsgua cid, the 18th day Of February 1855 issue do
declaring this company to be thenoeorb dissolved
y : NOT however pretended that TINS decree was 10 con-
the land that bad even the color OF Legality,
rbe sanction OF any legislative body judicial tribunal
Ills conceded TO be an act OF purely arbitrary power,
sting from the absolute viii OF the Individual Pa
trcio RiyAs Now undoubtedly, IL this individual by
perjury sseahily or by wading through the blood Of
his fellow citizens, 5verted the institutions of his
try and on their ruins erected the most absolute des
pousm, discaimipg emphsucaly, by the bad, bold act
ITSELF the obligations OF law and the restrictions OF cons
utiona government should be bound after govern
ment RECOGNIZED BY our own to consider his acts
valid; but far Judge from the history OF the
which attended Bis elevation there strong reason
TO believe that although bis government was PROVISIONAL
he bound by the constitution Of 1885, which, like all
free consti utons, distributes the different powers OF
government into executive legislative and udiSia
signing each It's proper sphere and among other salu
ary provisions essential to the preservation OF political
liberty declaring that the executive power shall never
Of itself annu corporations The power to 90 this
s. by article 1875, sub. Is, declared to be judicial
Junction. and judicial functions confined expr, ssly
by ardcie $50 to the judicial department The foreign
military adventurers invited by the democratic party,
the irencs OF this constitution, came avowedly, II
Is positively alleged 10 aid hs N In maintaining that
cen sttulion against the legitmlsu or aristocrauc
party who were DESTROYS Of destroying IT, ana Of suby,l
tutng In ia place an arstocrauc republic or monarchy
absolute or limited. II WAS on this assurance or pre-
tence there 70 believe that the people
submitted 10 Gen. Walker, and consented TO the estab
shment Of pro visonal government with Pariclo Rvas
at its head Anc this the decree OF Rva' tnde.
pendently OF all com deratons OF s intrinsic njustce
viii IN due tune, have little doubt be regarded BY our
government as an act Of the individual Rvas, and IA
grant spolaton OF the rights OF American citizens II
will bo The province Of the American government 10 In.
ssi he interests Of 30 many Of It's citizens being con
cerned) that this decree shall be reconsderei aud the
company have done anything deserving OF death that
they shall bave opportunity OF being heard, and n
sentence should be pronounced against them that shall
be the result Of careful Investigation not according
TIE and practice OF regular ju cal proceeding
shoad this be the case appears TO probable from
examination OF the documents before me that this de-
will be revoked by Senior Patrco Rivas himself
But moreover, when | consider the precnious TO
nure Of his power, induced 10 pause be.
fore grant this application. There Is scarcely In
the varied and blood stained history OF mankind. q
more sad example than Spanish America affords
the multitude when once let loose from traditional re
spec, and for law and custom. In that an.
n me possession OF tbs supreme power VITA almost as
much rsidity the neetnx images Of the magic lantern
The rule Of each successful Iusurper ousy eva
nescent what done TO day will be undone morrow
the good accomplished by one will be quickly repudaed
by another perhaps the injustice or tyranny the des
pot Of this hour will be repaired in tbs next by hts sue
perhaps the ncessant mutations OF polit.
ca fortune enacted in Nicaragua, RvAs has already van
shed from the ne and his really 10 atone
Tor the wrong winch the defendants have suffered OF
he sussiDs himself in spite Of and 10 opposition q his
g. friend, Gen. Walker, now bs enemy he inclined
10 ore the charter Of the company and de- are his
former decree null ami void from the beginning BESIDES
admitting an apparen, dissol.tion however prob able
historical act yet no material injury IL likely 10
beal the property before the nit mate decision II the
tase, the Court IN the exercise Of q sound discretion
wight interfere This confederation seems 70 be
contemplated by section 4 Of the Cole relating 10 provf
iopal remedies before Judgment. provides that
ctiver MAJ be appointed when the property IL in dan.
GER OF |" being oet materially injured or impaired
The p in makes allegation TO this effect There o,
particle 81 proof that the property IL danger q being
ost or materially injured impaired or vi being In
the slightest degree injured impaired The plaintiff 10
the tao hundred shares OF the capital stock OF
be company bel The only owner who applies for this
noustrste against and express their dissent this ap
plcaon for the appointment OF receiver 10 this action
'preerrng that the affairs OF the company sha continue
under the present management unless changed by the
votes Of majority Of the stockholders" lufeed II this
application were sanctioned by considerable number
~ the shareholders, would hesitate n grant this
time, under present circumstances, II opposed by any
other considerable number To grant may aud In my
opinion probably would evenuate In rrcparabe injury
10 the company. The appointment Of a receiver would
disturb and derange ia present manage ment would neu.
sze ali the efforts made for the restoration OF is
charter would defeat the plans which the present drec.
ton Che body Of the ors ha ve In cor
temptation and II the Rvas decree should be soon re.
voked the company reosated 10 lie FORMER rights
an nsupeabe obsisce would stand 10 the way Of 70
IabiahinR u Ia s former state Thus bv granting tbe
application msv irroparsbe and extsusvs in
Jury vh W by refusing ~ Al The most the IN rrv will he
Comparatively triva APP cai9a i.nsi wah 80