The New York herald., 1868-02-22

"wbsn shall appear" tAss the parry eonplaipsd
Of has been guilty q misconduct or breach
case 20 make m appear, and tn,s was net done
by ths ysrhcatioa Of Frank WORK. Of which thsrs per-
haps might mot be another fact made out s~orn TO
except ~ 70 the fact OF his being director OF tie com
pany. He has knowledge Of .mAuy' OF the facts stated
n the petition and has been "credbly infornsd 70
othersn Th's did come thia the s.clion-shA
81 shall appear" that he had abused his trust The
was not before the now, the orisr
IN Il was made In such condition that be rours may
Mr. RapalIo said no could hardly believe the gentle
man was serious In his proportions
sent that desire 10 hear IS shsthsr Mr. Work
an accounting for his benefit for the hensns Of
The ssockhoders and others OF the Erie Railway.
M: kapslio stated tnat there VAS no 90
charged certain acts Of misconduct against M.
/, vas provided BY tns Code thar ~hsa actiea
!: commenced IL shall be carried out under s prcvl.
0Gi s0,s oa Ss The cou .on
should be commenced Is musD be Conducted uudsr ibs
provisions OF the code. but this Was case REQUIRING
summary proceeding and not = remedy by regular suit
Judge Barnard II think the Attorney Geoerai haa the
right institute those proceedings In cases where
church trustees 20 been removed he has before s0sd
Mr. RapaIlo said that the provisions Of the sseots
allowed tho suspsns On Of :o oSsr o. trustee 2" n
could then bo removed. This was case mat couia
be heard upon summary proceeding ana as 70 me
cited from the Code, 80 far IrJm their being
authority sganst this proceeding they were In ia Ia Or
and showed distinctly shat there could Dc such pro.
ceediag instituted showed that n br,ushs
then the section would oblige them 70 conduct accos
Ing 70 the CODE Ibis was simply petition addressed
proceeds under this act to which no Rapaio refsrrs
and under which no was proceeding.
Biz. Fold claimed that this was . suit the remedy
was by petition He would proceed 70 show that this
was SUIT In Paige Lark,n Va. Manu-, Cbancellor
Walworth says IN referring 10 partition when was
this court may be commenced by b or peti.,on" The
o! Vas a. legitimate mode Of csmmeno,ng sSh -
bill Mr. Field then wen. on T. ci.o numerous au.nori.
bill. The relief sought wsuld Q elscii n,
and for this reason tic company mus. be made parry
Ansr considerable further discuss on which the
counsel were engaged Judge Barnard decided that the
proceedings In their proper courss and tna, the
ver!nea,ion Of tns petition By Mr.. Work was sufficient,
Mr.. Field tneu Asksd the cDust " ie inhuene 70
obtain . hearing Monday next IS he intended 10 ap.
peal nom the order in Wow Of the gravity Of the con.
but subsequently dc lined 70 ac tbe for that
purpose. upon being informed ~ the opposing counsel
no 5rder'' lusS, thu c. ; was m rely an ov ding
BY the court OF pont, or points raised by counsel
Mr. Fullerton said that hs snd associates new
sriassiy INTENDED. Hs Dc ired that Mr. Drew should
the charges mads aud that the motion b
Mr. Fled said thai hey were not ready now 10 pro-
coed With that branch Of tns case. II could not be
expected that they could Be prepared 70 go on In case
that had taken the others Srae months 10 prepare
forty-oight hours notice.
Mr.. Fnllsr,on-Ai that you wish 70 obtain is delay.
possible, ana you had better apply Tor ms 10 answ er
That be was 'nst ready WAS no answer for Nj. Field
to make.
Judge Baruard-Do you wish an adjournment for the
purpose Of putting 10 answer
Mr.. Field-l wish adjournment because have not
had time 70 prepare and snail then tax such sctlon as
Mr. Drew may think most advisable.
After some further discussion the adjourned
until Wednesday Of next week.
Important Question Growing Out OF the Ten.
nessco railroad Syss~Wl.
The State Of 7enaAss John Kelly, !ShniG Gnd
schers-H sppenn by the peadings 10 this ease that
February H. 1852 the State Of Tennessee passed law
establishing system Of internal Improvements In said
State and providing fer the loan . certain railroad
companies named. including the Rosersvilo and Jser.
Railroad Company, Of the coupon bonds Of the
sae the rate Of $1,000 per mile: and It in ssch
specifically provided that such bonds SHOULD not bs
used BY .hs railroad COMPANIES for any other purprse
than for procuring the iron rails and equipments for the
roads snd for puna down iron rails, and the Gov
ernor WAS prohibited IRON issuing the bonds
TO any company unless s1eu affidavit or Ms
PRESIDENT and resolution 81 board OF 6rectors
purposes than those specified Ar0her rec ion Of
iaW provided that the poads snond be issued
several sec,fons eomp,c Cd and The state Of Ten
nsssse Was 70 acquire, ny ,itae OF the oAn in sn Ct
SHOULD be granted the roads 70 pay
aud the principal OF tie same they s,i due aud IN
case OF de:au In pay est Of either sacn interest OF
principal the Governor emp0wefed " appoint q
receiver 70 take charge Of the properly and effects Of
any such deisulting company. N 1864 the loan Was
increased 70 600 per mile, and 10 1865 1t another
increase made In sprciao sums, order tnat tue
different companies might repair damage, done their
roads by of the late rebellion, and IN the
year the Rogerssills and Jefferson Railroad s Ires
dent brought this Guy aad paced In the hands OF
private $780, 0OJ OF this ls OF Tor
ths purpose Of sale. These bonds were sid, ana while
proceeds IN the hands Of banker- for trans
mission 10 rsnnessos they we're attached by the sher
Of this city, u the SUIT of ors James eiaum who
claims that tue company indebted 70 him TOR Ices
and materials furnished during tns Years 1854 and 1862
Ihe pantns clau, tna incy are entitled - see tnat the
bonds issued for Stae Improvements we'll ~ tne pro-
coeds thereof strictly applied ~ tss pur poseu
tended by the Genera Asse nby; mat Hanmon's q
alleged clam orig mated lons pdor TO the issue OF the
bonds passage Of the ast Of 1855 and besides tie
bonds could ovsnt 10 appl,si 70 lss pAymant OF
Siammone debt Il farther appesrs that ths road y
now Ia the haadx OF tue sta s's Receives TDe ease
before the cours mo, on ~ have the pro.
oeeds OF the boads psid by the bankers into La,t
company 70 abide the event Of tns suit. 4 X Meade
appeared counsel Tor the State Of Tennessee, AMI D.
H. Coleman for dsfrndaut slam nou bes,ss osnsr
nays for other csiendAlts
The Court took Ihs papers aud reserved dsci Ion.