New-York tribune., 1869-04-01
THE COURTS.
THE UNION PACIFIC RAILROAD IMBROGLIO.
SUPREME COURT cHAMBERs-ANoTHB8 STAY
JUDGE ROsEKRANs IN THE oBJECrIVE-A
sew ORDER TO SHOW CAUSE.

THE UNION PACIFIC RAlLROAD lMBhOuLiO'
SUPREME COURT CHAMBERs-ANoTHDa STAY
JUDGE RosEKRANs IN THE oBJECTIVE-A
sew ORDER TO SHOW CAUSE.
Tn the Supreme Court Chambers, before Mr.:
Justice BARNARD m the case Of James Fisk. jr against
as Uuion Pacific Railroad and ohers was cGntinnsa
Tepr that in his efforts obey the order OF Judge bar
nard in opening the safe, he had been st9ppeu py
said that 10 stop the Court procuring evidence was an
the aud directed the entry OF an ORDER
resn.SD.e nn he ysafed de recess was then taken
At IL m,tMr. Field moved for an order vacatng tho
Ne Tracy said he had had this order TO show cause oat
raas as pno ,a orssr Tsey that this case entirely
removed from the jurisdiction OF the Court 9us gu. they
20 s other Sny this not
be vacated The order show cause why TINS stay 10
not vacated was made on yel s sne An appeal properly
taken, with due security, stays proceedins' u y
Jndge barnard asked II any Supreme Court Judge had
the right to prevent h from taking the testnony u
Mr. Tracy said the Judge had stated he was sitting as
referee and of his Honor or any Judge couo S
Mr. Justice Barnard said referee was an inferior on
Of the Court performing some dq.es m, Of s Wien the
Court itself performed those duties 1t was not 'u0
Mr. Tracy contended that this was a stay on appeal,
and could be made by any Judge. -, :. -
Mr. Justice Barnard said there were two unds OF OF
ders. one Chamber orders the other orders made at
Special Term The first could be made any where IA o m
Court or at least by Judge entitled TO st in IT, This
he understood purported 70 be special Ier hd snooa
Dir stoughton, in replying to Mr. Tracy, said the stay
OF proceedings the order Of Judge Barnard vacatne
Judge Rosekranss order was really nothing Tor there
was nothing to stay but as to the second ORDER syg
of importance The receiver was In fact of the
Court do that which the Court could not 90 ron sne
bench. Could Judge accidentally In New-fork, know
ing nothing abon the controversy, make er pare an or
der not only nterdctng aud suspendng the action OF
Ss els 1e bsw speey t N q
that defendants nsst that they are not Deioie os
Court and that their cause not here it was ndeed
somewhat difficult for him TO ascertain the ground on
which the defendants refused TO give e s9 pSt as
well as then Two orders were presented IN the gnea
Courts IL the ,I eSeSnS
Mr. Tracy said those orders went 10 SNOW that ouuso
Sutherland as well as Judge Rosekrans thought the case
removed to the u. y. Courts. 49, -.
Mr. stoughton said they were orders 70 SHOW cause
why a removal should not be had, returhaDio "oho"y
Judge Barnard said that practice had grown up OF
Judges giving orders in districts In which they were nos
ssened IL seemed to him practice at least ndecate,
and one TO be checked The only to check this prac
ce was 70 vacate such orders and he should direct that
they be vacated, Orders were therefore signed -.
Mr.. stoughton then SAID that tho gentlemen on inc
other side hal better understand a.,
Mr. Tracy Qnterrupiing)-We prefer houces W po Al
writing. 49, 40, -,, -. o,,,ro than, I'm tbis
way The plaintiff would, unu IL was decided Dy com,
peent authority that the case was not IN COURT
his remedy with all energy aud regularity IN IT, Ine sae
could not DO opened probably enough TO produce
tie books in court to-day. o asked, therefore, drec
ton that they be produced IN court on Thursday ana an
addition the pre- gOus order that they be produced pc
fore tho Referee when should require them Ihe or
der made. -, -.
Mr. Tracy said he would give counter notice. III was
the OF the defendants that TINS case haa
been removed the United states Circuit Court ana
not within the Jurisdiction OF tins Court. Iney
should, OF treat the Court the Referee anu e
ceiver with all due courtesy out while they were neo % III
this Court against their will they should offer al legai
proper resistance within their power " the dephFa
tiOn OF their rights. -. - n,
Mr. stonehton suggested that the United States su-
preme Court had pointed out the correct mode Tor them
to be- 70 leave the Court; otherwise they gave Jurs
dcfiOn.
Mr. Tracy did not so understand the law. They had a
right To offer resistance from step TO step in this Court
Mr.. stoughton thought defendants had no confidence
In their opinion. an.
Judge Barnard said he not trying to drag the
Mr. TraeyAnd tho safe has made pretty good resist
MFR stoughton-Yes the combination has kept IL
Mr. Tracy said the Receiver had been once through the
safe and had reported ths Court as was announee
that he found an old almanac and u 90 All this coll
was about t1 90 and All old almanac. - =,
Mr oughtou-AbOut two centuries ago certain Jonn
Iampden made a great fuss over few shngs Oh snip
money. ,.,
Mr. Tracy had heard Of Mr. Fisk in several capacities,
but did not know til that he was phanthropls
second John Hampden fLaughter
The Court then adjourned