Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-09-29
Qua VLgHbk pOHaERFONRFNgE,
FLORIDA RAILROAD COMPANY vs.. cOEFEDE-
RATE sTATES-LEGAL TACTICs-J0HN HOW.
ARD. OF RICHMOND. ETC.

RATE STATES-LEGAL TACTICS-J0HN HOW
ARD, OF RICHMOND, ETC.
Correspondence of the Whig.)
LAKE CRY, FLA Sept 81, 1854:
AnintoFesting was brought before the SuWannee
Circuit Court Of this State, Hon. James B. DaWkns pre-
siding held in this place yesterday 1t is that of the
Florida Railroad Company We. the Confederate States.
Notice was served upon this company, az we'll uuon
the Atlantic and Gulf Central Company, OF this State,
limo last year. by Lieut. Jason Fairbanks, of the
Engineer Corps and rgent Of the Government for the
collection and distribution Of railroad iron Of the wish
OF the Government purchase certain iron from por
tons Of those respective reads deemed out of use with
a request to appoint appraisers &c. The railroad COM
paDes eonoeying that their roads those portions Of
them we're rot thrown permanently out of service
by the military situation Of East Florida and that they
might any moment be called into requsition by the
pressing demands of the Safe, and Of the Oonfed
crate States within It's lims did not at comply
with the notice and request made, but desired Me- Fair
banks officially to inform them by what authority and
under what law bis movements were made. Thlp, Of
course resulted il some delays and some correspond
erce, which left the matter suspended until few
months since, Uhen the Government commenced the
seizure Of the iron Of the portion Of the Florida road
living between Baldwin and FernRudinR. A oonsidera-
BILE quantity Of the iron was removed; and whilo thus
proceeding the enemy made q dash upon the country,
from which they have since bEen I'll otualy driven
soppe' t1e york. and capture one Of the locomotives
of the florida road which eulpl yed in the Work
After ire reinstatement of affairs the Florida railroad
ocmLauy fitd bill OF irquisiuCn in the Circuit Court
10 prevent the Government from resuming the work of
se Euro This oourae was determined upon, think,
th some undes adding with the representatives Of the
Government that tie whole case should come before
the Court up Us merits, involving the right OF the
Government TO impress railroad iron from roads IN exs
70 o. in the Saes. TIE legal counsel of the Govern
ment in the Gaze were John Howard Esq. Of Richmond
ana Chandler TODge, q, tie Confederate Stats
District Attorney for FosiGa. The opposite counsel
vas Boz. Thomas BahEsll, of TslahsssaL. formerly
Caif i ice Of the Supreme court of the State. Hon.
D L Tul O. President Of tue r Tread might be named
ns counsel his behalf, though not OF COURSE so
be ore the Court As the ntrA railroad had interests
involved similar to tAose Of the Florida road, Aessrs.
| Banks aud AcLaad Smith and Ives, aud s Femirg
we're p,esen in Court prepared to act % counsel for
that Road = case Of necessity. These gentlemen are
| all meulH re of the Lake Oirv Bar.
A.. me arrival OF Mr.. Howard here learn, an ar
| "a cement was made bstgsen him and the Florida
Read by which that Road consented for tho GOTern
ment to take ard use much Of their iron as was
cesssty to complies tho connection between Live Ok
IA station on the road from Lake City TO TAlA-
| hsasse, about q miles from the former plsos,
directly north to the Georgia Savannah end
| Cuff read This road II was understood, the
Government wished Immediately to complete, re it
| would tous have direct communication By rail with s."
Vanush into Florida, and save the transportation by
wagon which has heretofore been and uoW necessary
Il was generally understood tnat this thu main OBJ
ec Of the Government; and Notwithstanding she case
| 10 court the railroad IN & Conoilatory spr entered
lao this agreement upon the terms Of receiving fair
interest upon the value Of the iron for the time II might
be 10 USE and the return and repscement Of the same
ct the end Of the war.
On going into court, the plaintiffs found, from the
answer fled by the defendant, ultima lon Of claim
on the part OF the Government Us they Peemed to con-
strue it Of right 70 tate up iron cd btUu rot for
thu completion Of the specis connection Ist mention
e1 IN Ehch Florida has imms6ste interest, but for
neral purposes out Of the sae-to create an acounu-
un Of remote points for the general repair and re-
laying Of other roads Tney therefore, corou led to
s7k fortbe dismissal Of their own bill of Injunction.
which contained reference to proposal, and
which would in 6ff3ot throw the Of COURT
The opposite counsel we're taken greatly Rbsok ny this
proposal, regarding It az piece Of legal tactics which
characterized in not very light phrases. hessrs.
Yonge and Howard addressed the court the latter
Length aud with good deal of vehemence in refer
ence to the unexpected action Of plaintiff counsel
Mr.. Howard gave evidences here OF being on ordi-
nary occasions graceful and ready forensic speaker,
and his strain CT address on this occasion inter-
spersed with good deal If elt lence Bat In the heat
of feeling, he was led Into SONS expressions which
Ell cited the rebpke of the Court and the somewhat Sc
we're TCOuder Of Judge Ba;tEellt tuoh for instance
az an GDdcrstood threlt tNst whatever might be the
decision Of the case Cover ment would proceed to
take up the ror; several dngs a. the railroad com
pary that their action playing into the hands Of
the enemy" 40. Of oourse, the plaintiffs took strong
ground on the State sovereignty doctrine. Bat, after
an afternoon spent In ths of fitting, the observer
soon found that the p Hippo and rejOindsr were
good deal in the PiokWiokisn sense.
The Court ruled oil the discussions as on. of order,
ard merely permitted as an act;of courtesy to yard
counsel. Instead Of protraeed trial, the case was
brought to close by an order from the Court to dig
miss the bill and IT, junction The Government cuonse
insisted the snt If should TN nd bis bill, and thus
open the points OF both bill and answer for argumeu
but the decision Cf the Court closed the case and the
parties can fall back upon the sgfCe nent as to the
Live Oak Connection or take such new steps as may
be prompted by further official action.