The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-14

DATED States Clrcuit Court.
THE INJUNCTION AGAINST THE UNITED STATES NAIL
STEAMSHIP ooRANY AND THE rA0lTIo STEAM
SHIP COMPANY.
Before Hon. Judge Inssrssu.
NAY lS.-AI6es G. Sloo and others Georps Lop awd
ohas-1his was motion for injunction to rsstraia
the defsudants foa acting trustees without the
operation of Mr. Fshsr who appointed trustee
the part Of Colonel Sloo and viii be rsoosetsA that
fev weeks since the argument occupied the Court
considerable time. The Judge this morning rendered
very elaborate decision, in which he sayBy the set
Of Congress pissed the Sd day Of MARCH, 18lI it
the part Of the government with A. G. Sloo the
plainsnt for the transEor.aon OF the United states
back touching at Charleston IL praesosss) Savannah
and Havana and from Havana TO Cagres and back twice
month; and It was provided that said mall should DO
transported in ut least Eve steamships OF not less than
$500 tons burthsn to be propelled BY engiass Of not
less than horse power aud TO b. consrucsed
tractor IN the employ Of the Navy Department, and to
b constructed to render them convertible ct the
ssss pnd that hs said should 10 commanded
by officers Of the navy not below the grade OF hsu enant
who should Be selected Sy the c,ntraeto. With .ss ap
who should be suitably accommodated without charge 70
the government.
oass which he says tina. sometime between the date
Of the execution Of the above mentioned contract with
the Secretary Of the Navy and the 18th day Of August
1847 appears by indenture executed the last
mentioned day, the complainant soo applied TO George
Law Marshall o. Roberts, Edwin Croswe and Prosper n.
conditions of the contract entered into BY him with the
Secretary Of the Navy Law and his associates the per-
son; ,s0vs named to .S him &C.
the cOmpanant Sloo and Law, Roberts and the
others and Law Roberts and Bowes and McIlvains Of
ties the third part tho contract which he had entered
nto with the Secretary of the Navy upon the men
associates of the second agreed With tho
plarant soo that they would build construct. finish
and completely equip the steamships .: s'' sn to
should be built &c. under the superintendsnce, control
So, ofIaw. - 1t is charged that Law and others
into statement Of the complaint &C. and concludes by
sayipg- With the views above expressed, order
Ssonfus to the Unised state. Mai seansSio Ca@psny
to sny stakeholder In said company, or to any or
either OF the trustees in which they or either OF thsm
have interest excepting the ships OF the trus In the
business entrusted the OF the trustees
without the assent OF the then trustees
an II to doss
that the employment Of such ships his assent should
be obtained"
agreed that Rowland Aspinwan should sell, under the
contract and Instruction OF The United States Ma steA
that they should receive ali passage money for through
passages and all freight money for through freghs Of
every description upon all made BY steamships
the sthmus Of Panama from New Orleans any port
said Isthmus; from any port ON said hthmas to New
York to New Orleans and that they should without
delay deposit al received to the credit Of the
trustees such bank the trustees should designate,
ressIvrg out of such receipts commission OF two and
half per cent upon the gross amount received 1t
appears chat portion Of she money received by How
land Aspinwan has been from time to time paid BY
agreement made between the said company aud the
Pacific Mail Steamship Company and the United States
Mail ,1 There no gG9a
AsFipw wall honestly. But the complainant Soo, had .
right demand that the contract Of the 2lss Of Janu
ary 1851 by which they authorized to receive the
money should be performed An order therefore,
must be passed requiring the said Howauc Aspn vail
by virtue Of tie son rsct Of The aist Of JsuuTy 1851
dec uctrg two and half per cent to the credit of the
In such bank ~ they the said trustees may o.
trustee in tho place Of AcivAips be went to the office
the trustees and agents to examine the books OF said
eros ve enc Of the SCENTS ex.na don while he was
examining the same and while thsy wsrs being cxpsia
ed BY Crosw Roberts entered the office and closed the
books. refusing to permit thsm to be examined ~ the
eompsinan Ore preext for such refusal that they
belonged to the United States Mail ssesmship Com.
pasy. of which he, Roberts, President. Fshsr he'd
right to examine the books, and the refusal
by Roberts to permit him to do wrong In this
transaction nothing exceptonabe found In the conduit
Of Croswe and no order should be passed against him
regard thereto. But order should pass enjoning
the said United States Mail Steamship Company from
Withholding the books and OF the trustees from the
inspection and examination of the said Fisher, any
trustee any reasonable time during the hours Of bu
siDees.
The who,e may be summed up IS follows
First. The trust is in the nature Of commercial part
pership and majority OF the three trustees act,
notwithstar ding deent of the third In other words
the maj ,rity control.
Second. That 6urrg all reasonable hours, Fisher Is
entitled to examine the books and must not be prevent
cd from doing.
Third. That Rowland and Aspinwa must pay over the
proce eds Of tickets sold, to the trustees.
Fourth That the trustees ought not to be allowed to
chsrter any steamers in which they person
ally interested owners because 1t might lead to
49, $50 1o(t Iuxnx<- - ornr1nu tnnr
steamers, when necessary, TO keep up the service
fifth. The application to eDjoin Croswell and Roberts
from acting a sgsnts is denied
No further order is deemed to be necessary this
motion.