The New York herald., 1868-11-26

The Eric Railroad Complications.
Every step taken by the judges of the differ
ent courts in the Erie Railroad affair seems to
make it more complicated In addition to the
action of both the State and federal courts
previously Judge Sutherland, of the Supreme
Court yesterday settled the terms of the
order appointing Henry E. Davies receiver
of the railroad, property, books, leases, &C.,
with power to take immediate possession
thereof. At the same time Judge Barnards
stay of proceedings was vacated and modified
stay granted by Judge Sutherland for the
purpose of allowing the road to be operated
pending the suits. There appears to be
conflict between the State and federal courts
in the case, as Judge Blatchford had appointed
Mr.. Gould receiver on Tuesday, and therefore
before the order of Judge Sutherland appointing
Davies receiver was perfected yesterday, so
that Judge Sutherland, of the State court,
ignored entirely the whole proceeding of the
United States court. Thus there are two
receivers in existence; but there is this differ
ence that Gould was appointed receiver of
special fund with reference to buying up Erie
stock, while Davies was made receiver of the
whole property Of the company. A curious
feature in the case is that Davies got possess
sion of the Offices of the company yesterday
| Immediately after the action Of Judge
Sutherland in very adroit manner, and while
Gould held them and was in consultation with
his counsel. James Fisk, Jr., who was
present at the time of the capture, was near
having personal difficulty with Davies. An
account Of this interesting episode is given in
another part of the paper. So far, then, the
Belmont party is triumphant, and that notwith-
standing the action of the United States Dis
trict Court in favor of the opposite party.
Looking at this Erie imbroglio, the magni-
tude Of the interests involved, the unscrupu-
lousness of many of the actors in it and the
conflicting action OF the highest courts of the
country, we should not be surprised to see by
and by injunctions issued against the United
States government itself. The enormous wealth
Of our railroad companies and other gigantic
monopoles and the grasping cupidity of the
managers enable them to set at de-
! fance the ordinary course Of justice
which prevails in other cases. The
ablest lawyers are delighted to get employ
ment and large fees by complicating such
case as this of the Erie Railroad and making
confusion worse confounded, while the judges
get into the greatest muddle by paying more
attention to the quibbes and little technicali-
ties of law than to the broad principles Of JUS
A. s-lA uy r. Al: I'll H.
business from beginning to end is disgrace
to the country and our judicial system.
II is becoming serious question whether
our republican government can stand the
strain of these gigantic swindles and conflicts.
The country Is becoming so rich and every
thing-yes, even rascality-is on such large
scale that there is reason to doubt the con-
tinued existence Of the simple and beautiful
form Of republican government handed down
to us from the founders. Look at these Erie
frauds, in which the weathiest and prom
inent men of the community are concerned, at
the want of harmony between the courts Of the
country and difficulty of obtaining justice, at
hundreds of millions of whiskey and other
frauds upon the revenue, and the impossibility
| for even the President of the United States to
reach or stop them, and at the numerous other
gigantic frauds both upon the government
ana private Companies. The very fountains
of Justice have become corrupt. II has
been said that ell fares the land when
wealth accumulates," and we appear to be
realizing that. Pure republican govern
ment cannot exist long where corruption and
rascality are SO rampant and general. Money
becomes the only god and the love Of liberty
dies amid the saturnaia of such corruption as
now afIlicts the republic. People under such
circumstances accept any change, even des-
poism, in despair. Unless something be done
to check these frightful evils of the time and
to return to our former happy condition we
shall find ourselves fast Fastening to the same
end Of despotic government in which former
republics expired.