New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-11

TO postponement nothing that calls for rehoarng
Of this motion. The Receiver VIII not interfere wltn me
running OF the road 30 harh can result W anJoou' !"
~ learned counsel who addressed tue
Court first on behalf Of the Receiver stat e very correctly
that to oppose this motion was painful duty and 80 FAR
as respects any convenience OF inne the Indulgence
hn,d most readily be granted. But cannot overlook
The fac that there are others concerned In this matter
our clients, If they right in this notion, have been
seriously wronged they in great peril The interests
under their charge far money IS concerned are
greater than the expenses OF the Government 20 years
AGO The Tevonues OF this company are enorhous
and the question is who shall administer them-the
stockholders or the officers appointed here. This case IL
that 1t should be sibjce We desire to begin the case
and our papers that Mr stoughton can make MS
argument MIR Field only wished 10 do his duty to his
clients and he Thought the argument should 40 far
as reading the papers was cogerneu, anu nearing me
papers served upon the Receiver yesterday, 1t was not
necessary to serve them at all all the papers are gener
nv served upon the attorneys for the opposing parties
MIR O'Cornian said the Receiver wac In court at the
peril OF his life and that tho Importance OF the motion
had heard good deal OF the laws delays, but there was
also an adage, too much haste, too niue speed anu m
view OF the Importance OF the case nc Thought ~ was h3
asking TOO much 20 act deliberately and that one siue
should not base the advantage r,,
Judge Cardozo said be WAS disposed ms iar as posDe
to accommodate all parties this WAS case that ought
not bo duly accelerated but ON account OF the press on
business he sd must bring the case WITHIN resOnhDie
compass he would therefore order that tho papers
should be read now and lac would then adjourn the case
n1pcrs nrc read the argument will proceed Oh Saturday
and Monday and continued until flushed.
T.
papcrs and 9fidavs on behalf OF The Company almost
All of which nave already been published IN connection
with tho proceedings before Judge Nelson IN tho United
states Court and the various proceedings III the state
Courts .
The INJUNCTION restraining Mr. Davies from taking pos
session of the Erie Railway, lately dissolved by Judge
Boardman OF Ithaca having been read, Judge CardOEo
said: 1910,
=" / consider Judge Boardmans order extremely In
decorous as showing disregard OF the orders OF tne
United States Court order should have been made a
fectng that njunciion; II the purpose of
venting scommg Conflict between the State and United
States Courts Il should have been permitted to remain
until the matter was disposed OF before Judge Nelson
After tho counsel mad flushed reading their hibdaVlts,
the Court issued the following ORDER at the request OF
MIR. Field: ......
The argument OF the motion herein for the opening and
rehcarlng the motion heretofore made ior the appoint
ment OF receiver having been heretofore set down for
this dly and tho counsel for the defendants being ready
counsel for Henry H. Dawes having applied To the COnft
for posponemeut, and the Court having directed hat
the motion proceed but that after The reading OF
the papers the argument stand over 10 flnre dhy IL
ordered that all proceedings the part OF the plana
and ON the part Of Henry r. Davies who claims To act s
receiver Herein under any Of the orders heretofore made
herein or under any the proceedings heretofore hid IA
this action be the hereby stayed uptil tho
decision OF this Court the motion above mentioned
and until the further order OF this Court ana that, u
such decision aud further order the said Henry L. Davies
do abstain doing attempting to do any act or
thing whatever under any OF the said orders IN
this or any other action proceedings In respect o e
Railway Company or any OF It's property hBh's
Interests, rclntiOns.
The Court adjourned the further hearing OF The
arguments until Saturday morning, ut " o'clock