New-York tribune., 1868-04-21
THE CHICAGO and ROCK ISL1ND NATTER
MOTION TO REMAND DENIED-TIiE INJUNCrIONs
40 LONGER ~ FORCE-OPINlON OF JUDGE
ELATCIIFORD.

MOTION TO REMAND DENIED-rIE lNJlNCflONs
40 LONGER IN FORCE-OPlNlON OF JUDGE
BLATCHFORD.
,h behalf Of himself snl a. GsJ S'oslhSsF, q ihs
Pacific Railroad Compin John T. Tracy and others The Same
United States Circuit CoUrt-SOufhcrn Dis
hieL-BLArcHroRD, J.-These suits were originally com
menced in the Supreme Court Of the state OF NewYOrk
The plaintiff and defendant 10 both suits are the same
except that Edward W. Durham party TO the second
suit and is party TO the first The suits are now in
this Court either respects all OF the defendants IN each
respects the defendants the Railroad Company and
Tracy Of them in each, by virtue OF certain pro
ceedlngs foT the removal OF the same nom the ote 'or
into this Court, taken IN the state court Oh ueh oi
the Railroad Company and Tracy. Those proceedings
were taken under three several acts of Congress,
the 18th section Of the Judiciary act ~ sept "a, l9
L. = stat at Large, 7g; the act OF July ~ st6 ~ 10
JOG and the act Of March 1867 10 Soe he stae court
made order In each suit on the 18TH OF February, 1868
which reciies That the defendants ne iaIoad o99phy
and Tracy have presented their petition ana anldaNts
that the petition. among other things pays Tor Ielno.a
of the the Circuit Court of the United States for
the southern District OF New Ork IN pursuance oi thc
several OF Congress IN such made and provided
that the Company and Tracy have entered their appear
IN pursuance OF said peluO ana sad acts oi Io
cs that the said petitioners have given good ami
sufficient surety required IN said acts ot Congress by
bond approved III said Court ana hled win the clerk
thereof and then orders that the surety 80 offered II ac
ceped by said Court and that said Court Will proceed no
further IN the case against me Ionpahy ana iaaS 1r m
either Of them, and that no further proceedings be had IN
said Court against the Company and Tracy or either oi
them and that the ease as against the Company and
Tracy removed from said Corrt 10 the Circuit Court OF
New-York, in pursuance Of the proyisio Of
the said act Of July %, 1866. The order says
that il is granted undor and pursuant To the lastnrn
Toned act Of Congress, and IS without prejudice, as
therein provided the rights OF the PARTIES Copies Of
certain process, peadings depositlons testimony and
other proceedings In the suits in the state Court have
been filed this Court which asserted ana not de
MED copies of all the process pcadngs dispositions.
and other proc ecdngS IN said suits which existed therein
when the orders removal made by that Court.
The Company aud Tracy have entered each Of them,
general appearance in this Court each suit. No one
OF the other defendants has entered auy appear
nure in Tins Court la either sdit. lie plain
tin insisting that II the suits are IN this Court nj all they
are here only rs the Company ard Tracy. now
moves To remand the suits Ia the state Cont, ON the
ground that a ease does not exist for TIT removal OF
either of the suits in any respect under any one oi the
three acts Congress referred 10. The con plant IN each
suit saws hnt t brought behalf OF the pauti and
all other Of the Chicago Rock Island. and
Pacific Railroad Company who may elect "a avail them
selves of 10 and contribute Ia the expenses Of
the action. The plaintlh alleges "a the com.
plant In the first suit that he Is a stock
holder In the Company, aud that the company is a cor
pOrntion aud organized by virtue OF le Laws Of the
States of Illinois aud Iowa. that all the Directors Of the
corporation except three reside IN the sta OF
and that the individual defendants IN said suit are and
have been since APRIL 1861 such Directors. The gavamen
o that complaint is that the defendants rc about with
right or authority and without the mnctlOn of he
stockholders of the Company Ia make c'niract the
part OF the Company To extend ~ railDad from Dcs
MOincS. Iowa. the western boundary Iowa, and 10
create "A liability the part of the Company Tcspect
thereto aud use the Moneys oibe Company FOR tuch