Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-10-07
Tn. Chesapeake aud Ohio Canal Company.


and Ohio Canal Company, and others, Judge
Pinkney yesterday file d his opinion. Toe case
was argued at the last term OF the Circuit Court
py denerai Bradley 7. johnson and j. T. Poe,
u. Jones, and Col Charles Marshall fer the
Ganai Company, Brown x Bruno and George
H. Williams. Esqs, for the bondholders, and
VIM. A. and sBenj. Price, Esqs, for the Poto-
mac bondholders. The following the opinion
OF Judge PInkney:
at was objected TO by the Canal Company,
at the opening of the cause al the hearing, that
the State OF Maryland was necessary party TO
this suit, in order that the said company NAV
De July protected in any decree that may b.
passed In the cause, and that the rights of all
parties may be duly regarded and this oblec-
ton 1t has also made by its answer, and by an
exception TO the jurisdiction of this court filed
in the cause. A principal object of the bill
which the Common wealth OF Firginii filed as
enc of the creditors of the Canal Company, be-
ing TO determine, by the decree Of this court the
legal pTioriies OF the creditors OF said cjmpany
II was, OF course, necessary 10 make the credI-
tors whose rights were 10 be determined
upon parties TO the cause, aud with that view
certain persons VINO were believed TO hold the
bonds OF the canal company OF the various
Classes issued by il were made parties defend
ants ito pre- sent and defend the interest of all
unknown holders Of said bonds, as Is alleged
in the bill. But the canal company insists that
the State of Maryland has such a dirrct and
material interest in the subject and object of the
suit, that this court can p ass no decree in the
premises, which will protect rhe company
against its claims; and that the State not being
party TO this proceeding, this court will not
proceed 10 decree IN the cause. And it is fur
Their maintained that the Safe cannot be made
a defendant In her own courts, without a spe-
cial authority conferI ed by the General Assem-
bly, for that purpose. The latter proposition
being admitted, If the former is true, would il
net De tantamount TO a denial of justice For,
says the canal company TO its creditor, sYou
can get no decree against me unless the State is
party, and as you cannot make the STATE a
party. you can have no decree in the premises
The cases cited by the learned counsel of the
company do not, in my opinion, sustain il, and
II cannot be maintained upon general prInciple,
for the State Is not here asking protection for
its rights as crf ditor of the canal company,
and there Is no principle OF equity, that L am
aware OF, which VIII permit a debtor to set up
such defence TO the claim of his creditor"
The opinion then refers to the decision of the
Court of Appeals in the case of Boyd VS.. he
Chesapeake and Ohio Canal Company, IL. Md
1876, cited by the counsel. and continues:
'And it Is argued that the State has such
rights and interest in the object of this suits
that il will be impossible TO do complete Justice
between the parties before the court, unless the
State is party to Its proceedings. And the
case OF Brady VS. The State of Maryland, de-
cided by the Court of Appeals at the October
term, 1866, not yet reported, is relied on as
showing that the State has such rights and IN.
terests. Independent of that decision, I do not
think it won Id be difficult to rablish, that the
State has an lmmedi ate interest in the object of
this suit. And were the act of 1885, chap 81
still in force, L should have no hesitation in
now dismisslnP the bill, without prejudice to
the merits. But the act of $50, chap. DO re.
pealed the act OF 1885, and as the law now
stands, the State cannot be made a party defen.
dant in this cause by the act of the complain.
ant: Hoye VS.. Johnston, , Gill. 291. 1t is, then,
proper and shall 1t be the decision OF the courts
Of the State, that it should rest with the State
or any department of its government to say
whether sutton in one of its courts shall have
justice administered to hint lib. 3lg"
The opinion then quotes at some length from
Judge Story's Equity Pleadings, sec. 49,, A.
under the title 'parties to bills, and concludes
as follows:
"These views Of the learned author seem to
me particularly applicable 10 this case. have
searched the books very diligently, and have
been able TO hnd no case precisely TO the point,
and the learning of the distinguished counsel
who argued the case has enabled them to fur
nish me with none, and / have given the sub
ject long reflection.
1.-THE conclusion ut which I have arrived is
that it is my duty TO order the cause TO stand
over, In order that notice may given to the
State OF the tendency of this suit, by serving
upon the Governor, the Board of Public Works
and the Attorney General a copy Of the bill Of
complaint, and of the order of this court direct
ing notice 10 be given as aforesaid. Should the
State refuse to be made party TO the suit [
viii then proceed 10 decree in the premises =
BGHtmCre Sun, an.
FIRST WARD GRANT AND CoIFAX CLUB
A meeting Of the Grant and Colfax Club OF the
First Ward was held last night; Thomas
IL
GERS were elected: Henry Himber, President;
Thos. Martin and VIM. NJ. Slower, Vice Presi.
dents: Josiah Boldin, Secretary: II. NJ. Davis,
Treasurer. Finance Committee-Alex. Hen
Chas. A. Lam, and Enoch Perry. COMMITTEES
OF Arrangements-John +. Cook, A. :. TAYLOR
Walker White, Albert Grant: Executive
Committee-Wm. II. Bell, f. Williams, Mich
olas Oliver, Geo. T. McGlue, Jerome johnson.
SPEECHES were made by the President, Thomas
Martin, and VIM. NJ. Slower, Vice President,
NJ I'M Ollt hos a
association intends TO raise Grant and Colfax
pole on Saturday the 10th inst, and dedic ate
The same at an early date.
STREET IMPROvRMENTs.-The rugged rut.
~ thoroughfare known as Grant street H..
tween 9TH and 10Th and G. and IL streets has
lately been transformed its entire length into
beautiful street. with handsome smooth ma ye.
ment on each side of superior brick. while the
curbing and cObble .stones in the centre pas.
sageway for vehicles compare with the best in
the city. About half of this square has already
been occupied with superior residences, and as
nearly all the vacant lots have been leased or
purchased IL will not b. long before the entire
square will be built up ard form convenient
habtations tor our citizens i'll comfortable cir.
cumstances.
LOST CHILDRRN.-This morning Col John
II. Petit. residing on 9th street, opposite the
Patent Office, reported at Police Headu uarters
that his child, two years of age, was missing
and il had disappeared suddenly that he
suppOetu sOIHe party ndO tdkeQ IL on. The
child had on a Scotch plaid dress, but no shoes
stockings, or hat.
About / O'Clock, Mr.. George S Prindle, re.
siding at i35 sth street, between q and II, re-
ported that his little boy, about the same age as
the above, had strayed off. He was dressed in
brown linen, worked with blue braid, and had
on brown shoes, but no hat
~
DECREE OF DIvoRCE-This morning in the
Equity Court, Judge Wylip, decree was made
divorcing Lucy Reese from the bonds of mat
rimony with John y. Reese, with power to
the ground of az uItery with a woman named
Loretta Waites, in March or April last. The
parties were married at Fran ktord, Pa. Sep
tember, 1860 The testimony was taken before
Mr.. f. F. Brown, Examiner, &c, and Mr.. J. J.
Coomes was the solicitor.
In A NEW RoLR.-Dr VIM Boyd, well
known among the Republicans of this District.
and especially among those who attend the
club meetings, made his appearance at the
court house this morning and entered n suit in
equity; his name being entered as complain
ants solicitor.
A NEW COLLEGE IN MARYLLND-We un.
derstand that al meeting of the Board of Trus.
tees of the Western Maryland College, incor-
porated by the General Assembly in March
LAST held In the College building, Westminster.
Md, the Rev. J. T. Ward, formerly pastor of
the 9th street NJ. p. Church, of this city, was
unanimously elected Principal. This College
is said to have one Of the finest localities in the
State, and to have opened under highly en-
cOuraging circumstances. 1t Is under the