New-York tribune., 1868-03-20

FIkCT OF JUDICIAL AUTHORITY.
The motion for a Receiver in the suit of
scher against Erie Railway which sprung on the
defendants on Saturday granted but the settlement
of the order postponed 10 Monday. on MONDAY
Judge Clerke nterposed with stay Of proceedings I'D
regard 20 the appointment OF Receiver unt the hoi
fng OF motion Set for the Of April The paihuh ~
applied TO Judge Barnard for order TO sno" o
returnabe yesterday Thursday why that oruer u 's
Clerke should not be vacated. The papers III 9 i'O
ton were served on the defendants attorney IN u
Meanwhile on Wednesday. motion 10 set Ssluo al AZ
junction in the suit Of Belden. obtained py 'no io
party had been argued and the nunctoh was N"''te"
nv Tndce Gilbert The Drew party then cOmnenc ca
ne W sut in the nature OF an omnibus suit bringing III al
,b aes to the other tigatOns and scekn 2to restrain
AL the other suits and in this they obtained the follow"
n s % pu1 F,y conp,sy ant James Whitney ag Cornelius Van
d,r6t. Daniel Drew and others 49,,
p.r. rfi = therein Il orere The defendants Frank "9rs
,tsT Chsmil,iu Atome Gsreri their ard their a.
srao-s ageBs ard servants, be and 'y hybI eonel ana
50 be taken tie Of toe p'ope or Otherwise
say & P,fs, % m o. 10 on u & essf or de Scssf ibe people d
,ss therein and ia. ali Proceedings 10 ssd several
sucE' proceeding, be ''.'tl wt4 'o ,DvI ,,o1pcs
and further .end asa lssiI1,eea ran i9n S
an" Ssre. or fc Of share, ei or purpous be issued by
tbs ai ComPaEy Of the proceeds such or a1'
.5 eiGs a. Reeve eeot or Of ary part thereof sui
ss Receiver aud from interfering Win Toe SAID pr.pe
,S aid Fte RAILWAY CompaSg aud II. CLERKS the supreme
.Sa1 are I9esd S ,c Receive. 1 ,f A G % sS ts 5Sd
% ss' ssD, ssS s,5' csrSn. vsaasrs william vspdet R.
She Augustus Sce James H. Banker and George g. BArsn al
strained advising utuF commencing assisting N commencing
o. psr he reros suspension OF the Directors officers of
49, @ fpr 81 a rropry Of tbe .ad ConpaBy disposal
Of such property or The iesnns Tue si t"nga @
ln he eonlsiut advising as toward The com
s Sse proeaios or obtaining Of Judgment sOl. 90 be
49, o snS s , ' person Mo @ fereser brg any action pro-
% ssi ,,ios Sl ~ M 3 Pi ss . % Or ro6e es and a er
prosecuting after notice OF this orier th nothing he con-
mo Injunction noe force aes' sna Coapu{ rs b"S @ .,
sg tcroret capacity erto prevent either 0' them
answering ary phaitg ula served on either Of m'in
r. W ClE'EE, Justice Of 'le Sggfne gset '%at %sT yo,
Eer-York Marcel l3 1863 Of 'l" state 'i N''-h"A
Yesterday the order OF Judge barnard was return urn
able and fuu erray OF counsel were present ON the
Vanderbilt or Work side "npeanGd M5,.{S h9i;S" 3i r.
while on tho Erie, Drew side. Mcssrs Field BUrrill,
Smith. Eaton and Louric were present judge Barnard
Mr. CLARK called mp the motion II he said, mo-
tou for Receyership of the proceeds "t some SoV"V
Of stock amounting 10 nearly SO'oUP lic2ig l.''el; @
Nj Geo. v. DiyeH 81 Elnira appeared IN tha sl' ana
motives Tor selecting an attorney in the interior sI
OF the state When al Their aDio S"nns5i tnit "Stv
al the order thcy should not discuss. TO that order
oy haI b Sa order @ should NOT De vacated lie
then gave lengthy sketch Of the litigation Ihoy would
call on the Cont to protect the Interests " all sors Us
%r OF the dignity of the Court endangered by the
narkb proceedings In this Court. In dong so ihey
created by orders OF the Court made false statements
or fraudulent sulpTessi&ons & OF me 9'ensis If f
Judge Barnard had interest IN the natter mao ttu
facts and arguments by both parties had swept that
restraint away. There was no injunction now before the
Sour' hut they understood that there stay. They
,3Tyu III t neI s G ccIea me TO sit beside linn 10 ali
tNr Clark had sought for Mr. Justice Clcrke hnt had
Lec unable 10 iud him. Ie Thought i proper 10 review
commenced sut 10 settle the colnphrae0 accounts n'
tween Mr. Drew and The Erie BoilW1! arlslii " o. ta @
issue tso1J shares 60 that eonteman OR Tie 9,h me
AuoueyGencral commenced proceedings Ssal,, ,ni. 9
company. and his Honor suspended NJ. Drew pending
The boeSSGS 0n e y S e M Tue
complains n ms case 3 set 'p sna ine 10 hie s sto
%nep Sor pornose not within ther legitimate powers
ON tKis ccmplaiut had eIdoined the issue OF
stock onyertiJc bonds ana from converting any
bonds or guaranteeing other stock tME fniI'l9n 1ih
read the injunction, dated March 3, lsjs 3irsdy Pun,
tposen Mr. Richard seheli representing malotly oi
the whole stock Of the Company. brought his action and
function I'm the sciel suit) Suc was the state ht
CATION the 9th 0l March. There had not t ten OcCli
nary Jurisdiction by Of his colleagues on thc sh
%enf With SomSlan1 to Judge Of aD adjoining district
aud procured an Injunction in his st tair ,ueito.
His Honor maze party. No application had ooeh
made him Judge Barnard accessible at al ums, no
application was made 10 Inn 70 hodil atl' .. o@so % r.
injunction FOR The first time IN The history Oi me
State and country the Court selt Inade parry on
false charge. The complaint presented Ia Judge
Gilbert was full IL false statements aud i-2ulu-
lent concealmeut. II intended, We believe,
90 drive your Honor fIom The consideration Of uo cause
bring 70 before some moIe supple aud ess Ie'litss
noetion with It's rebutta before Judge Gilbert CIr tn
lerOn read Tie lJih section OF the compliant OF NJ bei
DEM Here was Mr.. Beld,n the partner ol Ms Ilak,
charging YOUR Honor with fraud. lie having already
sold TIC stock short, 10 depcss Tor hlN partner ana
Ter came acan before Judge Gilbert lie ed mat when
hc granted this injunction hC was lying on SICK bed ana
That when he -lautcd 10 ne dd not intend t0 authorize
tie issue OF ans STOCK. When It before hn ne stde0
that The fact OF c injunction was unknown 10 hni had
he known OF such an Injunction lac wOuid MOI nave
gIaIned his own order He granted the order not DO
signing cripple this cOnrt M Ms ordinary lurfdctlon
rcad tlo aidayit- OF Richard sche used Yesterday BE-
fore Judge Gilbert In BrOosyn IN this suit Mr Van
the rciL Mf iaueed dit hai mel ths ooncl'siNeH lar
S' ' d. iso fr t irst t,e Introduced i'm Iis snit
He too meets tins claim. Nj. Rapao read Mr scleils
Aitlavl Aud. Your Honor, paying respect To Jndge
Ghcrts Oef. nc had not through inadNiehce paid 10
youIs apeartd y counsel and yndicated your personal
character irCin the Telroach falsely east on YOU Juigc
Gilbert found that be had been deceived; that
yonr Honor had exercised his jurisdiction. Inde-
ecivod, he found that R cunning language Mr. BetIen
had procured from hun 40 Injunction ON ms c9aedet9te5
innrtion ,,eb yoil ab t,sO Ion one lnemher OF the
;ol can NOT override another, has perhaps served IT'S
pnrp0Sc uI hcse eiOned directors nave isSed
sfork we stand hcru now and ask yOnr Honor 20 20
unrnnneled aud fearless iu the exercise Vi tue JuilH
,inn We have invoked TIE fact that subsequent our
Honors Injunction tc directors OF the Company, and be
Company itself has Issued SlOO0OOO, Is evident on t,t
H. matters brl6nd IT, Ne .ie here merely asking
the Court 10 scle ana InliouG thc>e nioIoSs uo>
uilawfully raised Your Honor has already appointed
Receiver Mr. JuSiiCc Ccrke has temporarily stayed
proceedings. YOut Honor may stay proceedings Ior
time bnf Won cannot di.arm Your colleagues Your
Honor has no nil cht To surrender yOGr perOgatye Judge
Cleric had no power 10 ntericre with your lIonOTs ils
dciion' Ne respected H. hut obtained order To
.oplq fotl n