New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-04
TIE ERIE VAR

JUDGE SUTHERLAND OUT OF TIE MIDDLE
BELMONT 1T AL. ACT. THE ERIE RAILWAY
OVERWHELMING AT sUPRE}iE CO.EI,
CHAMBERS.
The argument in the case of tie order made
by Judge Sutherland. on "Wednesday, to show calsa
Judge CardozOs orders should not be vacated - 3
Supreme Court. Chambers. yesterday mnrImg, BIT .
Judge Sutherland pursuant to adjournment f4on toe
Mr. A. O. browne. for the plaintiff stated that i,r
he aud his associates knew, judge Caldnz1s of. wsb
STAYED the proceedings yesterday was siI ," l.t "a
would therefore suggest 10 his Honor to Postpone TIC
judge Sutherland asked fora copy u Judge ca 'ozo
Order, made yesterday, ana after ltohig at u sah !
rs ~ ular term nj Chambers would expire o. e't"
evening. He did not think there Was aIy rise 81 %
p0ueneut and thought IL proper TO say what 10 10 "
say now. lie h2d not tie least dOdbt tl't ne N.' 10y
Justified I'm making the two orders lie Had m]a', q J
Which were retulaahle to-day 40 go over = 1sy 81
~ 'Td nid of Tie orders made to p.cyral lin
Uudge Sutlerand) hearing the motion INSTRUCTED Beg e
not be appointed in tie ease Oh Belmont "gA'i u 9
Railway Company might he considered q, az li .s
d sod 10 the public, and ont Of place IN Tire Court -
counsel on both sides were well aware OF WAst t.t 90"
cured Sumo things were however. pertinent 10 va
under which these orders granted They Kew 'le
regulations OF the Court, aud Toe assignments ~ "a
ago by Judges Of this District. Counsel knew tas -
MAS tho Judge assigned To Chambors ana ne 3 10
first Monday Of November Ia the hrst Monday " Dceft
That order az division was not las s"e@ih2 u Va 40
posed mon him duty, not as favor. Ihe CvIr g
Slow cause In the case Of Belmont and othets ae AAe
Erie Railway Company was made 10 him on tte ig.h Il
November, and the argument aud decision 40 these 40.
toIs made during his regular assighheiL f huf
ness. TIE programme Of tic assignments e'--.i.ed 49,.
regu,ation All app locations Tor Otuc!s ana b iils =:
Chambers must BE- made 10 tho Judge asshed a. h'if
tt Iranc az the Court TIC application la the Bpi.lt
case for tie original orers TO sho" eduSH VS. Atoi 10
him at Chambers very yoluClaous papers, Nhci Le
bad carefully and lAOI JIS Ic, N'' ts re- y'S
and decided them IL was unnecessary 10 20
over the narrative Of the proceedings piior 10 tue
~ order,
him hearing the motions or making the allOhth O.
pegriyer Or siuce the rendering ct tie o.arl u Tue
inra,ures taken 10 render Ihe order u.irci.ai 40
would assume because It Was TACT that We t"ut Oh
either side, and all tie parties hayn un Interest ii tLs
silf were sufficiently Informed TO hupw uat le VS.
perfectly justified Ia making these orders N.1ch Sris
fetuua6le to-day. He understood that me od''S ade
yesterday by his associate, Judge Caiao@o Wei, lr.
served without papets and he hIa 40 t,.aH ~ 10y ~,
that had these present motions conn Deiofe h'h Jsu'e
Sutherland yesterday; had the counsel Who were va,
10 Judge Cardozo granting tioso o'rS ri 20
from answering az that htiihg O.IJie J";;' 80,
he had DOUBT, he repeated, that ne VOLTA cgs"lAy
Ohougl lie would not 40 1t without grave rertetp
have been Justified Ia dlsrfgIdInS JHnSe Oytro@v.
order or yacaI.nS IL; Upon tae IpP."'s s.i,r
these counsel. or upon his own D"rSe S S-n.s
for the plaintiff had gone before J.cse
Cardozo and arEued the QUESTION Of tue rgSiy ~
mited points To him IN that connection, they had ~ %
now make the motion pending before tbis COURT "n,
more. that they had so compromised the ns.ts 81 tA9
az all vacate that order. He Judge sutheriand nugt
the proper opler for him to MAKE. under Tie clcLip
endar Judge Cardozo would, on next Monday, Succeed
him In Chambers and then both motions could DO DtVushs
before him.
Mr. Browne suggested that this ruling would emba;rasf
the plaintiffs. particularly II judge CaoLo shoud rem
der a decision Ia favor OF hs (ir Brownesl side.
Judge PcrrepOnt. on behalf or the oetehddDts, 70
minded the Court that the order Ia show cause made oy
Judge CroEo was reurnabe hour later than the one
retuNahle before HIS Honor Judge Sutherland, ard
that therefore defendants counsel had Only 70 sno"s
between two alternatives, vz to allow he order Issued
against them 10 go by default or to endeayor 10 dees'
the attempt TO get u called AZ tue tiie & ~ On
or question the proptety OF tho conduct of counsel ne
scieutiouSly arrived In view of tie facts.
After some further discussion, the hearing was al
ourned the hour to-day that II when IL ~s
set down for yesterday. "a