The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-24
SUPREME couRT-CHAMSsas.

Tho Commissioners of Emigration and the
Railroad Companies-Al a ndninus and the
Alleged Contempt.
Before Judge George G. Barnard.
The Fsopie Of the SlIte Of Neao York REL The Nep
York and Eric Rai,oay Company and the Psnnsylvan,a
Central Raody Cornany The Commissioners IF Emf
erofon, Respondend On the 7th day OF October in
slant the New York and Erie Railway Company aud the
Pennsylvania Central Railroad Company applied for and
obtained from Mr. Justice barnard writ Of peremptory
mandamus directed to the respondents and requiring
them TO admit to tho emgrant depot at Castle Garden
The agents c. H. Van Ness aud John Mcdonald, OF the
two failroad companies, the respondents they having
been previously excluded by tho Commissioners Alter
undergoing various notifications and alterations the
order before this court yesterday for argument
upon the return Of order TO show cause why tho
respondents should punished for contempt for
refusing md negecting obey the writ Messrs Dew
Ian, Andre Miller and Thayer appeared for the re-
the resrondep The case. or both The REALTORS were
argued a. time aud la both cases counsel moved Tor
she writ and the order to show cause why the attach
msut should issue against the respondents for dis
sbedienca Of tho III the rsl instance. Ihe pe
Of forth that they corporation duly
under The laws OF the state OF New York. and
that officers OF the State created by
legislative enactment that by virtue Of contracts for
merry made It the duty OF the pondents TO des
psce for tue landing OF eDcrant passengers and
that they have Castle Garden such plac.
that for the purpose OF factns the trans Dor at on
Of eigranl passengers and for the accommodation
protection and out the intent OF tho law OF 1877
ereauy the Respondents the en- cred an
agreement with the REALTORS whereby for the consdera
tiou they rented and leased 10 the REALTORS Office
In and the promises At Castle GARDEN. where they
prosecute Tho bus OF carrying aud traus-
port ng passengers toir respective lines OF railroad
that me Pennsylvania tentra Raj road Company
dcsigna cd John Mcdonald "a their agent and the
Nv York and Eric Railway Company designated q. IA.
Van Meas their agent; that relying upon the agree
the Commissioner the realtors expended large
OF money Ia agencies 10 this State and
h Eurepe Tor the sale OF orders Tor passage Of
20 this country for transit along the responden- routes
o( railroad, and that these tickets were Tedoenlabo
~ tie Offices VI tho REALTORS IA this city; that
In the case Of tho New York aud Fro
Railway Company fifteen thousand passages Of emi-
grants booked in Europe o. be transported
their lines aud that thousand bad been booked for
she Pcnnsy Central Railroad Company. ana that
the request OF the petitioners they also insured the
baggage OF smigranis ogg as II remained IN Castle
Garcen: that on the leth Of sepem Der IN. respond
sns violation OF the agreement referred excluded
the agents of the reaors Van Ness aud Mcdonald, aud
have since excluded them; and further that the Com
nissloners Of Emigration have thus attempted to d.
rect the entire Western emgrant travel to the New
York central Railroad Company; that In August last
the Commissioners transmitted TO the rcla ors copy of
resolutions adopted BY the Castle Garden Commission
era, In which II was decided by the Castle Gar
S..rs 1sa 30, Tue sa.s Of d. om
usfssioners 70 protect and otherwise assist
sSs sm's ss passengers arriving a this port and
acted In opposition 70 the wishes and requests Of the
Commissioners and 70 the dsrment Of the interests Of
ehe passengers % arriving the railroad companies above
named requested 20 withdraw their agents; that
o. the 3lst day OF August Robert Burdel President
q the Erie Railroad Company, answered. those resou
tons In communication, In which he offered to thor
sughy Investigate any charges which tbs respondents
mht prefer against those agents. but that they could
no, 10 removed anisss II appeared that they had vio
lated their obgatons and duties, that the 9th Of
September the Secretary Of the Of Emil
grafton transmitted copy Of resolutions In reply 10
The letter Of NJ. Burde, and In which was
OF Emigration respectfully wished discaim any desire
% interfere improperly with the officers agent OF tho
rela,or yet shey considered their duty and right TO
- NutaAe .i.t~
aerests the pasenger and therefore repeated the
request contained In the resolutions Of the 9Th OF
August; auch resolutions the result Of their
agents referred not for the interests OF the emit
gsaats that the 2lst OF September Mr.. Burdel adj
dressed letter 10 the Commissioners, IN which he
stated referring to the action OF the Commissioners OF
Emigration Of the 9th inst and requesting the
agents OF the company. that until the board
had act forth specific charges II they had such
70 make, agsinet tho agents, and until u appeared
upon investigation tina, the agents bad failed la
their duty 20 the emigants their employers the
rairoard companies he was unwilling 10 make the
change desired by the Commissioners; that At meet
Emigration held the 9th OF September resolutions
were adopted to the eject that Ia tho absence OF any
reply 70 tue communication Of the Board OF Commits.
sioncrs 81 August the general agent OF the Commits
sones DO directed u refuse admission to Castle Garden
20 Cornelius II. Van Ness the agent OF the New YORK
and Ere Railway company and that no discontinue all
TRANSACTIONS on behalf of the railway company inside Of
Castle Garden until the railway company shalt have
complied with the request Of the Commissioners
Tho answer OF the respondents, forth In reply to
the petition OF the Psnnsyivsnia Central Railroad
COMPANY, that they never had any Agreement
them at all In reference 20 the admission OF their
agent Castle Garden but that they have permitted
agents Of the Pennsylvania Central Railroad Company
10 have and never rsfused TO admit duv a
thorized agent Of this company, excepting McDorad
that they excluded him because thcy believed THAI the
interests OF tho emgrAnb required ~ that they have