New-York tribune., 1868-12-19


lho interests OF gentlemen OF means who were ahN-
ously watching the progress of this controversy aqnss
rights ana interests at stake in this state Was whsther
any class or persons existed who either by polliVH
financial, or other powers place Themselves DE-! 0hu .o
reach OF the law that when they were aii oU
sacles could be thrown in the way Of the administrator
Of justice, when those men concerned when Wouu
preclude any attempt 10 review their action. lAts Net
he great questions which tls community was anXou~y
looking 10 His Honor To answer. and hc trusted me al
law sH prevailed ni iustice had not fed before Mam
mon. but that she stili relgned that The Ia" woniu s
protect me "eah tue tmid, and no hlnD.e aE"iS. M o
strong, the bold the powerful, and would s do justice
where justice was demanded. ~ =,
Mr. Porler followed hiin behalf Of the defendant II
le said this order sustained, it would constitute
era III the law. 10 assumed 10 remove corpot'e
property Of S'5OOO00 from the hands OF lnOso TO Wu
Of trial Papers TO be answered III
day which in then present state cover % printed P"ic
that papers served OH tie lh, Dat
the trick resorted to OF making them believe lnat
the motions were TO DE made Oh other papers Inc papcS
were sweeping ana aealt ia @ konei"i,iTbS Tbsv had
false charges going back for years; lney ha
legged that the Erle officers were about flee to Jersey
and delay denied. They presented snch papers rs
but were overwhelmed by the clamor of their adverse
ries The hour late the room cold, and tho next
morning Henry L. Dawes woke up corporation couhse
had the very highest opinion Of Judge sutherland ie
dd not blame him for being lsled but the other e or M
misleading hIm. They could not excuse themselves ny
III S7 ~ Tho code 70 make the order
they now requested The surprise on them was clear
and not WORKING on Sunday Mr. Porter quoted
frnm several eases TO show that this
the proper motion Judge Bourdman haa yacateu aleu-
ent ,yotion was tie proper remedy Judge Sutherland
IN denyinc their motion Tor time had SAID TINS Was th'r
proper remedy The other side had recognised ms night
In their effort kindly make this motion for theh ana
bring 1t earlier date than the Court hau o.eu
acted lie. Judge Nelson had come TO ~
recty contrary decision 10 that o Judge Sutherthu
did nOt claim II as res J"deH, Dut as 'nv "
great Judge who above olainor ahd Ntalttaslvh. a.
Counsel thcu discussed the proposition 0f Judge Emo
that order at Special Term conld ohy DC ~
Special Term 10y tho same judge claiming tlat II ,1 Ha1
only final orders aud not hteil1cutory Ouers Una.
the cases spoke. ANA even Ms 10 hiihi OI"ci ei I
sustain this proposition In tho corr Ot, o HpraS ,pr
e assumed that they had presented suVh case aH en-
uttd them % rchea1ng. lt ne Was ikh'I ~ ""' 80
nora as facts and the law This tut was pIoesW
by StockLodcr against solvent sO,io i t crt
question whether Oh any stale OI ldS'S Tue Non'
could app0ilsa general receiver 9i such o0 @
That may be appointed Of special Innu was
not denied llI Honor had done 20 IN me i.oSh lsau @
view la "A which he had quoted TO judge sutht
but which Ju lge sutherland lad not tahth l,S 70 "a
anime l. Wss argued that judge Sutherlauu hau l"iI7
dicOu of the parties aud tue sulJrct Oh te ae.n V
he would ha'e IN an acuon oi s"hdol p' - -, " -
appointed receiver OF all the property 0i te pares
would bc ultii yrres and his OrdeI "Ouid pe YOU '
without Jurs ctlOn. The doctrine tuat HeeIa
Of solvent corporation could not De appointed y! t
6d iy 90 iug i snhc,Iln, bi,ef in the case OF a Cali
ornia corpo iton. aud California VAS as much III thn
Uuod STATE, PcInsy lVania or NtWJefscy 10 WHICH
Judge sutherland had gwen Mr. Davies rowing com
mission The doctrine laid down forty years ago. ny
Chancellor Kent, that the Attorney Gtheial cVuu
not have equitable relief against corporation anu i1
could not it I'll authorized 10y statute Was i"u
down il other States. Tho appointment oi heteINo.
waa IA fact, dissolution OF the corporation le S"e'
cite were 10 the responsibility Oi Directors 10 stOcAhod
ers to the power o the Court to appoint Receiver OIL
| special fund-poiuts not disputed. IL was he6cu
and not dipIdted that TINS suit had LIS OF
! sin In conc piracy that Mr. belmont was hos
To be paid by Drew and Others and 1t was claimed that
this answer lie read from English cases 70 shOm
that this was an answer TO the sG anu lHa' ac,g it
brought under preence OF aiding. but really ia hostly
oaeorporaIipn were disiseI on IN ma Ul' SIted I'M.
Down 10 yesitrlay thc dlIlils pau 40. ", - ~, ,t,nt
ti Yesterday Yesterday they had put IN an @ a'dus'T N u
denying what they had not asserted Ahey iIad sn.u
TINS cH>e md not originate WIN 'ti MI, ,,a Drt,y
didn't deny. They alleged that seheli Noih, alu M ~ "
PEER, pot. "fcs MIR sch.iI had induced MI. Belmont
10 become plaintiff. That was hot denied, lh,y ~" ."
legged that Work, scheil, ana Drew were 10 pap t'o
pcnscs, aud tlAt Was NOT uci'tu' i.".,I IL, - i,
remarkably tiuilir the court hhd declutu tnAI A0
! sIockholdcr TO obtain IcAcf lie must nave nv tho
responsibility Tor tho co''s oi "1 ,'it v,s ,ot
casr stood plainly confessed that ms SUIT - NV
4 Mr. Bolmonts suit bat that of schel work. ana DtoM-
iuth chatEcd Nith crime 'Neh DS vac inng, p.,narl
same effect he quoted from an opinion of Ju'se
Ga Sunday morning, tie day before these suits were
commenced Drew tells Could ihat nn saturday lghl lI
honest namc-their own were tainted lioW Srto.,
S2n 60 lend ~ Inn name dSs 1S' i e 1PPsaT P pro mS
ably agaust ioss the stock which would ncces
bnsness man Mr.. Belmont would insure himself either
10y direct Indemnity or short sale OF ms stock Ihe
| four houls d. went down eight per cent, Now,
| the house ~ Rothschld did not get rich by
/ by such operations When such bhihbee hppeaieu
there WAS gcicrply on their books per contra fer
| lr.
~ Ooo but when Judge sdherland's order was made
there was another IAN To 80 only stayed by his Honors
kuew from the consequences Of last Springs suits what
must be the result Of such course They sld That ms
tho over issues notorious they state the stock rose to
s3 The injury did not end with this one stock but every
stock fell with IT, Before the operators had made a
tcn-mon pool break down Erie and hud up Central
The result memorable II was Central thnt ieli and
more than Erie Every stOckhOldcr u both roads found
] his loss through these hugatl0ns month ago,
/ though these GiackmaIlers had swept away nil
! iinr. fron the Lie Treasury Erie was beginning
to recover When the ..inncugq Was granted in this
Erie fell one per cent Newlok Central eight per
cent on the 2Jd Of November receiver was appointed
and all kinds of rumors were In circulation. Eue was
knocked down aud Central raised but ON the l4h Ene
stood al 10 aud Central 124 tile latter being loss Of
per cent. Men who undertook Sueh proceedings
took the position Of the Arab-a foe To all mankind n
Judge Davess receiycrshp had been maintained would
! those suits against Drew and Vanderbilt have been
Brought Now comes in MI. Barnard bringing N ~,
asks judge Sutherland Ia beal their sores He comes IN
with charges asnnt three OF the dreiGrs ana asks mat
from Office fr oncnses committed before MS
OF Ere properly confined to what has happened since
the 18th of October There plenty of vague charges
made by these real plaintiffs of their o" crimes ante
oeden 10 this. The only charge subsequent To that time
was that they had issued stocE Wel they had not ex
cept conversion OF bonds when Was done ny tue law
Itself They had not used the moneys for their Own ben
efii as charged. They had made It's revenues meet ils
expenditures. They mad not dlNIdcd lhS b"ald Oi u
reetos They had not ono part 9i the Board stgaling
and the other SAYING stop thief Their purchases
! had been advantageous. Ihey had devoted them
| selves 10 making the road pay dividends n
/ place OF being an inDrlnary Tor wounded pcars
! An this shocks the morality or work aud Drew
/ They caunJt ul@~r-tand how Nj Gould should devote
himself the interests Of the road. In his short term OF
five months. he has done than any other admins
tralon fOt I've mOnts-le has made savings ot million
n y.nr, lie has converted the road To steel road.
/ lie had made the connection ut Suspension Bridge
essential TO s Western connections and 1t is noticeable
that II was when that 6iimcnr,1 That ti7 suit Was
commenced. He would not 20 thr6igh the papers to
show how completely and riunphanily the charges had
been met that had been done bJ W stoughton Mr..
Porter, however, claimed that M Ralal0 had
not made out any admissions; that The answers aud ai'
dayts were complete and direct denial Of the charges.
| Il INIT fl..A.., ,-u.