The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-11
SUPREME cOuHT-caAMDEDs.
The Erie Wnr-AH the Motions Commenced
Motion for Another Adjournment Denied
Illness of Receiver Davies.
Refnre IudUn CarfinZn

| The Erie WGr-An the Motions Commenced
| Motion for Another Adjournment Denied
Illness Of Receiver Davies.
Before Judge Cardozo.
August Belmont ct al u.s. The Erie Rdil,cdy COM
pany and Others; Mcintosh Us. The Erie Rdil,cay
COn,pd,ay august Belmont ana Others.-Yesterday
all the motions in the great Erie litigation, which
have been from time to time adjourned, came up
before this court for hearing the following gentlemen
appearing as counsei:-For August Belmont, as
plaintiff in the first suit and defendant in the lat
ter, Messrs Pierrepont, Rapailo, Eaton, Brown and
Emott; for the Erie Railway Company and Mcintosh,
Messrs Ira Shafer, David u. Field Dudley Field, A.
J. vanderpoel, John +. Burrill and f. w. Stoughton.
The case having been called, Judge Davies ap-
peared and said that he had been confined to his
house several days, and that the papers had been
served upon him only last evening, so that he had
not had time to prepare any response. His counsel,
he stated, was absent from the city and under the
circumstances, he would ask the Court 70 let this
matter stand over until Monday.
Judge CardoZo-Is this the same matter that was
Judge Davies--Yes, Sir. do not understand that
the counsel on the other side desire 10 press It, am
circumstances, your Honor will not insist on going
MI. stough.on, one Of the counsel for the defend
ants IN the Belmont suit, said:-it Ia very disagree
able duty suggest going on In the face OF the III
ness or the learned gentleman who has applied for
Yesterday received letter from washington from
Judge Curtis who s in case am to argue on Tues
1
to leave on Monday morning. Now this motion
should be heard very early my absence VIII consume
probably the entire week Il Is impossible, consist
motion for postponement for ten or twelve days to
come which will be the effect OF It, - l am relied
upon 10 assist very fully In the argument Now the
receiver In this has. OF course, interest In
this controversy this order falls the receiver falls
with il. We must assume 1t to be entirely incense
receiver is simply chancellor simply your:
an mi mi "a fr0f nf
Justice II is quite immatersl your Honor whether
this immense property Is in the hands OF one person
or another 30 that IL Is In the custody OF those
charged BY the law Of the land with administering
and running the road. am very much averse to
urging the motion under the circumstances II we
volved until Monday that might possibly be done but
1t cannot. The result would be that the motion must
go on without any assistance ! could render aud
which, with great deal Of labor, have struggled
Judge Cardozo-How long would 1t probably re-
uure TO read the papers both sides. except those
| which Judge Davis may desire to present.
Mr.. Stougnton We can finish the papers to-day on
both sides without difficulty.
Mr.. O'Gornan, counsel for the receiver, said:-
/ Late last evening received communication from
the receiver this case stating that he yesterday
received the papers naming him To attend this mat
ter to-day. was informed that since last week he
here and ana "a ask for an adjournment. His soun sci
| Noah DAVIS Is prevented from attending to-day by
| stress OF weather. Now the question comes up
| whether 1t IL proper to adjudicate on the matter
| without hearing the argument The learned coun-
| sell Mr.. Stoughton, has performed duty which
believe be painful 10 himself IN pressing this case
| on to argument but there can be no argument I'M
less both sides are heard, ana am sure your Honor
and the counsel on the other side did not desire this
| question TO be hastily decided or course the re-
ceiver has personal interest In the conclusion Of
the motion, but he has rights and duties which he Is
bound 10 see properly protected. Mr.. O'Gorman
thought that with many men OF ability as counsel
for the other side they would not suffer serious loss
by the absence OF Mr. Stougnton.
Mr.. EIDott said he supposed the Court was satisfied
that the proper course was to hear everything that
should be said on the merits at once He stated that
the af1davits served upon Judge Davies yesterday
were the which, IN their original order to show
cause, they asked leave to read on this occasion, and
! were served with notice that they would be read
| II the merits OF the motion were to be entered into
these papers were OF Importance; he had supposed
the FIRST question TO be determined was whether .
| re-hearinQ should take place.
| Judge Oardozo-If the motion for re-hearne
were granted II would occupy the time Of the Court
| twice over. The motions were ordered together.
| Mr.. Emott--We understood the motion was for
leave to read these numerous and important papers
| upon this rearqument, and IL was supposed we
| snoud have opportunity ON that occasion, without
being compelled TO meet the allegations those papers
Judge cardozo-I would not enter upon separate
Mr.. Emott-Tbat Ia In control OF the Court. win
reference 70 the position c OF Tue receiver Gee EN-,
appprehend he Is In the protection OF tn,
court and entitled TO be heard; and In TN
| absence OF Judge Davis your Honor shosld have n,
| hesitation IA TO postponemcnt. zee nothing tha
calls for re hearing " this motion; Inc receive
will not interfere with the running VI the road. NJ
harm can result 10 anybody la postponement for ter
| days.
Mr. D. d. Fieid-Thc learned counsel who nd
| dressed the Court first on behalf OF the receiver
stated very correctly that to. oppose this mo
ton was painful duty, and so lar ~ re-
| spected any convenience OF mine the in
| dugence should most readily be granted
but cannot overlook the fact that there are others
concerned In TINS matter. our clients, II they are
| right IN this matter have been seriously wronged
They are In great peril. The interests under theiI
| charge 80 far ~ money IN concerned, are greater
| than the expenses OF the government forty years
| ago. The revenues OF this company are enormous,
| and the question H. who shall administer them, the
stockholders or an ocer appointed here2 This case
IL likely to take some time. IL Is OF the greatest I'm
portance that II should be SUB judice We desire ~
| begin the case and read papers, SO that Mr..
| StoughtOn can make his argument. Mr.. Field only
wished TO do his duty TO his clients, and he thought
| the argument should 20 on far a. reading tho