The New York herald., 1869-03-30

Tho Unroa FnciHc Railroad Case-NTotion for
Stay or roccedings-Adjournment Of the
Case.
Before Judge Blatchford.
James Fisk m. Us. The Union Pacific Railroad
C0mpany.-This case came up for hearing yester-
day on motion for q stay Of proceedings In the
Supreme Court Mr.. Tracy, who appeared on behalf
Of the defendant, said it was an application for
stay OF proceedings; not for an Injunction. He re-
marked the matter presented two distinct features
one belonged to a case Of which the court held
original Jurisdiction and the other appertained TO
its appellant jurisdiction He submitted that those
proceedings by which the case was removed
from one tribunal into another, whether be-
their nature, and that In order 10 sustain the ap-
pelant jurisdiction, there must De stay OF pro-
eeedngs He further argued that this was an appel
liant proceeding established BY the Oldest authority
II was mentioned In the case OF the Apostles, when
St Paul appealed 10 Caesar. The right OF appeal to
ater His clients did not ask the right Of Injunction,
but they asked that that inseparabe absolutely Me-
cessary element Of appellant and that the
power OF removal should be completely exercised.
MIR. Tilden, following on the same side, said he
admitted that the court had no authority to enloin
sultor In the State court that was 10 say there being
. suit pending In some state court In respect to
which some matter may arise whereby the Court or
Equity, exercising Jurisdiction common and lit In
such cases, would grant an injunction to stay the
action Of the play under that suit would be the case
Sas o case y 's ts sna suit was IN this
court pending here. brought by the process OF re-.
movah and which was entirely IN the nature OF an
appellant proceeding. de wished to consider
tue matter at issue as q question Of appellant
proceeding. There was one suit. and one suit only
That suit, the Court had nlimatcd, must be con-
sidcred for the purposes OF argument as not IN the
state court at all. twas either removed or II was
not ne thought was removed ne Con
the power OF Congress to provide for, and one
statute In 1893 had adequately. completely and ef.
be removed to this court IL It had been adequately
removed, or II it was in this court 1t
Supreme Court t. Of New york before Mr. Justice
Barnard. Whatever may have been done there
tnis SUIT was not there st present. and was quite quite
operating upon the parties here that would preserve
the peace order and dec0rum OF the courts proceed
Into this court in suit pending in It and at the
annoy vex ana harass the other party IN this court
II there were NO power in this tribunal to prevent
such mischief @ the court was vas sess
private parties concerned that constituted the
most important consideration. i was wen
tnsirumentality Dy which the government Of the
United States performs its functions had been at
n
be reached through writ OF error it would have
been useless to preserve the government In any one
Congress may provide for removal at any stage Of
any suit which was OF q character to be removed.
IN reply W mIs otOukuGou mCr aIouc nsntcu
that provided the State court granted stay Of pro-
ceedfngs In this court he would nrst move to set
aside the order, and II not successful would assume
the peril OF being punished for contempt
Judge Blatchf0rd said he had not By any means
said or decided that the case was in this court He
considered that the questions at issue were inter-
woven that they required full discussion before any
decision could be arrived at. There were three import
ant points that demanded full argument, namely
whether the case was In this court; whether the
eourt had power to determine the matter contested
and whether the circumstances warranted the
granting OF the order asked for. Those questions
could not be decided without thorough discussion
The case was finally adjourned for argument till
three O'Clock to-day.
Counsel for the plaintiff, Mr.. D. D. Field, Mr..
6tOugnton and Mr. Field, Jr. For defendant Messrs.
AcFarlane, Bell, Barlow. Allen and Tracy.