New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-11-26
THE ERIE WAR.

PART SUSPENDED UNTIL A HEARING BY qHs
GENERAL TERA-HE TAKES POSSESSION 90
THE PROPERTY.
YESTERDAY morning was the time 70 vhic,
the settlement II the order to the powers Of Henri
Davies as Receive" of tho Erie Railroad Was adionr
The settlement Of a. order in ordinary eases Is a s
matter but the magnitude Of the Interests and paso
Ere axes ordinary motions Of great moment The motto,
commenced at a. Mr.. Burril at took tbe ebso
ton that the stay Of proceedings granted nv judge M
nard imperative the settlement must be ~,
disposed Of Judge Sutherland thought this stay yas1.
operative tho settlement Of the fora OF an o
previously granted, especially since that settlement m
been adjourned at the request Of the parties now Lies
ing Messrs. Burrl and YanderpOel then proceeded %
object to almost every clause Of the order surtos -
the plaintiffs Very many Of these clause were nodc
in conformity with their suggestions, few Of them re
ing their integrity. AT II O'Clock tho Court had ps
all the disputed points, and the plaintiffs withdrew
make complete copy At 70 o'clock they returned sra
submitted the new copy TO the defendants etlorneys
proceeded to examine 1t with minute care.
After little time Mr. Rapallo ana con,pe,es
OF the time consumed. He had asked the At'0rns7s
whether this delay was for the purpose ~ obtai
time for an outside interference and they had refI,,
answer him Mr.. Nanderp0el, with some iudigoaf,h
protested against any such mpuatlon. Tley hsi 1,-3
what they thought errors in the drnwng ~ b =
order and they desired to examine 1t carefully -
discussion then arose. but finally the following order "a
granted: .,.-.,,.-..
tho and franchises and property real and persona ~ s
co@paSy With power to take Immediate posss,.s ,.ss s -
usual powers o. Isesyer u axe es.ss Ans tas ae H f
oderi AID bond having been duiy approved oc ~
S Dsr fS Ss S5e5tr, I1 y 3 sa y
his powers and duties sqeh receiver be ss, b. s ~ =
EswYork tie 25th d q Noyebs 10 At oegs r.. 80.
Of counsel Tor plaintiffs and after heafsg Wa fsra J
H.ny who Ippssrs aad objected ssy proceed Z,
Us Honor M Justice Barnard aate9 ~. % s2 <
Oysrrulsd appearing On u % o. Is s w
order " ,e ~ iass s5 o. t Rsiroad seal nj - 2
ne Ene knsas 'SP f,y,5s Of aid Conpssg sl II III r
gs privileges and authority thereto spper-inre 3,e- pc hs
coronation srd Of is deeds leases contract. 90 % P
AID Of the hts Hereunder wherever or al q ~ a. 1 -
come tolls ren" powers sh1 u 49,. n Se+y
All The funds ssss deposits, claims chooses 10 ac1sr i' - -
yoHeasT' . o. ,,s J9@P sSs orss q osc si. T.
and that RscsiTerbe. and be Hereby sutseI q ~
Ferry nov sssed o. operated By Erie railway Co.
ro5sT eonasn 70 repair all rsaag ',rg als -.
al requisite additional structure. a ssy Dc .1 If' ss s =
proper and take al proper measures or ti -,
"a ~ pTooBs tie business Of said Company tii e BE- atf d
ss!st % ne. to Ts.o % ils a s6P ass AID
discharge Of bis duties under 81. 9rasfi ,S
franchises light All contracts, asa " whae'e, est o. =
SaTss doe reiersnee 70 Ie o. the cel'ors and
Conpnyl any and al t9iHSs ~neS ee h. .y one on n, ~
Guiding The conP ad ssjgs,ass. Of :, al claims . I @ $780,
and eSltoi o. 0s ~ he pending By or aGlat s,4 Coo
ING, no. ,a al s,orSsy. and counsel resalHg az
PAM ar. required to the prosecution ani ls q ga
s AID the direction Of said kete.'s' ~ o- ' 70
sIS ssfy al for dAnsges Injuries sua o. g "a ~
S ., 2'n IL asy e. where @ 3
and he be 'P,s9 ' ne P S Ss be aatHSl to ia ste ia
suts AID proceedings this state aud elsewhere - ID DE- .s
;hs pYoSrry and rshs hs comm & ane to U W 'o,s 81.
Of 's SAM, 0 1s sny n3 s so b. sSaei to &
AID proceedings sSc1g bis Reeeerhn bat J. os'.l -, -
D. J.
passengers or ghters and for damages 70 person OF l
ether s. Is s sI S c,hs Reeve s6a Be sse
sou tie order Of this Court; s Receiver Be aaa % "a
in Which hs sAs ssy reasonable s S1oS - 70 49, he @
required eater into ard upon ssd 1he $3.50 E -
ereous fsrryboas and whatever thereon or efsl- go
said coHpary Or Gfralss = 3as ies s5s DIP, 81 s ~ %
Genf directors oce and agsts delivery and sa,fer ~ ia =
, CoaSssy or belonging thereto shlt said see' "a,
81 Presiss for 's so, ssSo's 5 Il n. r ~ d,
Ed Rslsay Company ia dieeo ofeers nps'e ,s's "a :.
ihsr any q the Money isSG' DSes 90, 49, % &
properly Of ne Ers R.ilsay coapasy or an S,I1
yOahsrs securities or erect. Of asy nlr, 81 ~, "a
esIeI s Receiver AID recognize hi' asas' a. ?.
holder Az Hoasy Of other Ppst5 - SAD S9ag1fy o. T o.
sucsut voucher aud discharge 10 such hoer AZ g Isss
ordered that DavS hAsy ssSs counselor ,, ~ .' t' ~
seton % e q d:S S A nd 4. .a 2' , 80
aud sgeats ether person having BIS poss n-
or sssc 81 s.i Coapay derived or its bene.t e Of q
sOets Or bonds or ether PrsPeIy and AZ persons $40 & : "a,
property and Elects Of d Company DO on TIE Summons 81 @ Ts
personally before him such uss rd Al asa pace
places, he nay designate in such ard hsa aa tie a.
Al me ue' 20 VICE sS 81 AN s IA. 49, -
Effects and ne custody deposition And proceed. aeeo A.
trhri'h denver 70 sad RsseysI all ProPsry hpi, ,oos
session under zoe control Of hs P9r or parties noa,d -
- cssv ~heh pAF nave been Received BIZ sb rrros or
may be aader his their eOnoL And further orers has al
ceeg for Ibis aPoanen, under the direction Of ae ooat AMI "a
And all ueke balances and generally that be al
reasonably neee sDa proper Tor TIE sssr sn poeen anu =
tho discharge Of bis duties Receiver aad the
4s s' 81 farther osrs s That ss .esiasr 10 cause 70 be %
pared snd present to Vie Court she4ae containing h. q ~ a
ACTS relative 10 tbs creation thereof SsoOady; That
oSsy m d, closes in acton written Of HI
Rassy comPaay or 10 shiee h 81 interest OF pay, Sses
stating therein Oapd and hon whom he received the sA-
and certificates be prepared and fed With The ae 20
soe apa,se and we sane 'As we noaI a,a GII %
70 be prepared seheae under bis OAh o. all he rolling soe
furniture and other miscellaneous rer'ota property "a.
nsssotI 8s Tss.oass That s sas here SAD
and soud pAaed be died. Nhsa made With the Csrk Of % Oeui
herein named shall the Of the Par, Al
ma, 'PSsa se'.9 make saSa,e' i'. ,S ,D,. S Vs
the 90 'his Court, with testimony be nay o-'
Aud GrslsT ordered Tia, drsciS, O@cs agents @
all other friah
obstrucng sad Receiver his OF an -.
achsrs aud taking ossrsson OF
same further ordered that the Receiver shall deposit
MONEYS which shall from time TO time come into his hsnes some
he banks good credit 10 the CITY o. New lors 70 his credit " sa
Receivers aud that h be drawn out on I've cheer,
tAe Receiver or Otherwise direct for the purposes Of =
trust and moneys deposit shall exceed w
deposited the Receiver the Union Iu'i CSapa
Aud further ordered that The Receiver Keep aud cause % % .
moneys received nd paid out shAb he eorr
tered generally be Keep such records bus ness d
ous road ms charge and Of bis Owu dog as s
AID shall enable the TO be clearly unu
| mt JOSIAH SUTHERLAND JRstee, ne
After the granting of this order, Mr. RaPallo ana NJ
Eaton moved To yucate the stay OF proceedings granite
n,.Hr IND nrdlnr