New-York tribune., 1869-03-30
THE PACIFIC RAILROAD lMBROGL1O.
L, s. CIRCUIT COURT, BEFORE JUDGE BLATCII
FORD-ARGUMENT FOR STAY OF PROCEED

FORD-ARGUMENT FOR STAY OF PROCEED
INGs. -
In the case of Fisk, jr, agt The Union Pacific
Railroad Sc. an argument commenced on an order
granted 10y Judge BlachfOd application Of counsel
b h sonld not bc rrstfaned from further proceeding
In he matter IN the State Courts. Mr. Tracey adNcrted
10 the proceedings In the State Court aud wanted the
orr side 10 sipuate not 10 proceed further IN the mat
ter Courts An order had been granted and dne
notice given the other SIDE requiring cause 10 De
shown why they should Lot be restrained from further
which required the plaintiff to show cause az o'clock D.
IN on the day OF service, and they were scarcely pre-
unred Ia argue the question on such short notice.
Mr. stoughon said that he bad been retained rs asso-
brief space Of ne and was not conyersant Win Its
Mr. TIden desired 10 grant every courtesy but the
rights Of his clients were Of paramount Importance.
Judge Batchford said that when the order was granted
yesterday morning., II required ihe paluliH 10 SLOW
rary stay had been asked for TIL ihat time The Court
felt at present ~, 10 y, ,er stav t all and
SO had suggested this yesterday afternoon Tor to pur
pose Of having the question OF the power Of the Court to
tav argued aid decided Independent Of and previous to
deciding whether the facts warranted the Issuing OF an
Mr. stoughon said he desrous OF having the ques-
ton OF power first passed upon. -
Mr. Tracey said the u. g Circuit Court might not nave
mover 10 enoin the State Courts, sl, as court OF
appellate Jurisdiction 1t could grant stay ofproceedngs
50 that It's appellate powers IN any particular might not
Mr. Tilden eontended that tho was in the U. s.
Courts independent Of the order OF Judge Rosecrans
The Union Pacific Railroad Company was creation OF
the Congress Of the United states ana the Jurisdiction oi
the United states Courts over II was complete .
MIR Mcfarland said that the only real stumDhng-Dlock
was the United states statute preventing M 9nncton
issuing from the United states Courts, 10 say poe.sd
ings depending in state Court lie contehdsd thnt thls
suit not depending In state court & Ell en- Ise ,vs
removed ard In the State Courts aud should protect
the assumed mt IL ea Tas aI aes Court 20 itt 10 e
the order for o stay Of proceedings. -, u, A., e..,
Mr. StOughtOn asked what wOald be done u the STATE
Court Issued order staying the proceedings In the
United States Court -, A.. 4. ... .., 90, or1r
vacated or failing that lie would disobey u and ake
the consegnences The state Court might make such all
order. but that would not make the order lawful
Judge Batchford discaimed having decided that the
case Was in the United states Court nor did he want
tons 20 be discussed First whether the case was IN the
Tsd state. Court second whether @ eTaeI y fr T n
proeeedngs ana thiTd, whether there was sufficient
MIR stOughtcn said the might the United
States Court, aud yet law under such similar TUE be
ing the power to issue the order asked for. -
Judge Batchtord Thought It was better 70 nave lu
The further argument was then adjourned to - p L.
SUPREME COURT, SPECIAL TERM-JUDGE BAR
NARD DECLARES JUDGE ROsECRANss ORDER
yoID-ARGUMENT AGAINST THE CREDIT MO-
BILIER RECEIYKRSHIP-MR. DURANr ON THE
STAND. - - .
James Fisk, ir, agt. the Union Pacific Rail
road and others-A short delay having been made to
permit the arrival OF Mr. Tracy, Mr. Field said that hay
warned him that at the last moment orders were OBJ
tanned he W9 order S Of tssr sdse and he
thought he should be able TO show that the order was
Judge Of the Court not by the Cour-no court had ap
proved security The statute OF the United states
that the petition for removal must DC 10 the supreme
| Court, not TO a Judge out OF court
| Mr.. MacFarlane asked that they should await MI
| Tracys return. He had full affidavit stating iacts
| which they desired 10 present on ths motion.
Mr.. Field opposed any delay He understood Mr.
Tracy wac now In the Uuited states Circuit Court he
thought had good right TO distrust any demand
for delay IL this case.
Mr. Justice barnard said that 1t useless TO produce
any affidavit Certain facts were patent VIZ Ihat but
two Special Terms OF the Supreme Court were held IN
New York the day when this order was made, ana
neither by Judge Rosecrans He must grant the oIusr,
which would have been granted on Saturday but IOr
courtesy TO the counsel CThe Judge here signed the
order, and an officer handed lt TO Mr.. fleidJ ...
Judge Allen and said that they desired to present
the question whether the case was not now actually
transferred TO the United States and the court had not
lost Jurisdiction TO make this order On this they had
less perfect order by Mr. Bell
Mr. Field said the order had been made.
Mr. Bell asked the Court II II would not permit the
TO show that the order mpOyidenty granted Judge
Barnard said certainly.
Mr. Field said that this was new motion, and his mo-
tion had preference. He now moved 10 punish DIT.
Durant for contempt by the scvereet punishment IN the
uoWer of the Court co days imprisonment and $3.50 fine
Mr. MacFaranc said they desired present 10 the court
ON tt motion; thc afdayt OF Mr. Bell should be read
Afr some confusion II was settled that the motion was
to 20 on in this fOriu and Mr. Bells ahdaV was fead III
support OF preliminary objection to the motion 10
Mr Bells AFFIDAVIT was then read to the effect that on
Saturday before Judge Blachford Mr. Fltld lad hlsell
uroduocd the order Of Judge R0secfans before Judge
iatchiord and had made II the ground OF an argument
Gtud II tue ground OF Judge Batchords d.clsloD'
that tie order was such transfer OF the case as 10 super
sedc the necessity OF return TO The alternative nahdhuS
Issued by that Judge. ,,-,--..
mod. of stating the facts The order had been ~ iact
introduced 10 the ~ the Court IN an adaNll read
b, Mi Tracy aud made by Mg. Pirrson. lie had thtn
btu,t fr ara thc order aud argued that the defend
ants could not blow both hot ana COLI MI b5r1" ue
ni.d thai this was what occurred AT Niu hAu ni,nselI
brought forward certified copy OF tho ORDER aud IL was