New-York tribune., 1869-04-09
THE COURTS.


THE UNION PACIFIC RAILROAD LITIGATION
suPREME COURT, SPECIAL TERM, BEFORE MR.
JUSTICE BARNARD7-THE CONTEMPT fko
CEEDINGs-NO ATTENDANCEs.
The People ex Iel. Fisk agt Durant anu
Yesterday tbs continued MT ,ht thS
hor had arrived for the hearing OF the contempt pro
ceedngs instituted against the Directors t-s % %
and sUpposes that reIynS on the decision of Judge
BlachfOrd, they did not propose 10 70 see n
might be as well to wait the usuai nan MUS " ~
Mr. JusAce Barnard said he had that day E received
priyate eiter frOta one Of their cOunse tr MAJ faIhu
stating that with all respect for the court lS cents
had ser consultation m spneSr Seore the ccnr
Mr. Field said he regretted very mnGh Tue oplnGn OF
Sdge BatehsSTd hs denis" S Of stay Of the proceedings
FIN this Court All the rest was mere opinion IL seemed
0piop tssn the weIknown case Of Dred scott. Judge
Batchford had TO the conclusion that II the case
useless TO stay it, He Mr. Field would deport himself
as under the authority et this Court until its decisions
Overrued by superior tribunal. He thought tls
due to the orderly administration OF justice. to the
dignity Of the Court and the sovereignty Of the state
General Termi he was IN readiness to srgue the naer
there Tomorrow, IL they desired it, but he was properly
before tins Court and asked its Judgment
Mr. Justice Barnard said that not desiring any miscon
etructon msrepOrting OF his views and anticipating
what had occurred he had prepared he should in fu
ture do in important cases. written opinion WHICH '"0
The Clerk then read the following opinions;
& S Ssys 'Ss Pc d: PS oT st s
reSt Count on ueisy on be oss deuug the motion Of
be regsrsd as be esns to as s a
n SSn tbs. bat 9e % 'Sa @ to no. decide ~ any @ vea therefore
S sfdsregaHg decision Of 50 respectable & %
tbe question fairly raised should ,i have SdISs 70 my
ss nS Ss S s m Of the Supreme Cca the Of New
s'e IN, no s @ SaS,s% %1 Ss Court Sof Of the Ua States
ons shall always yield respectful obelnee Snu sa soH S
iy Of the State and Of the Court u which ST.
IL oS!l"Ts n%SS pops5 pending eCar.
Isns RnS' n Ss s s ea remove s
abe uod States one the questions between tween the panh ana % ae
and all the questions between the plaintiff and
intended such thing and III bad intended IT, DO not think the
che learned Jues thinks the petition Of this teepant we % SoU1
Pas1 Pa hon, s+S on ~. % ug 1859 bousS n. iaTt Of The
dndsus attorney states that the petition was Died on TIE h AaIen
August bond has been offered 20 ne At
any time Shai.sI s'0 en- 70 , 10 , & W M & III 5 es5rot cor
m assumptions Of e which know 30 be erroneous mu,, as
Ior Tor him. What makes tins sapPoioa Of removal IN
ssss tSs s,pe.pr, eoau. sy
number Of PROCEEDINGS the case this Court nc in un s t
tb. unOn fss Railroad COMPANY claims 10 S' S the prey
one lUen 0,her defendants ge9,ea a @ ss PsSp A have
@ T & T nov o gfSs S D.5 en-, o @ An Of these pro-
&C. t 10 & St the Tbo,s csuse went ont q this Cou
IN August last If sny error has been committed ny part
stage this easily be corrected in appeal and ! we
S"S S o@ their ooStuasey and refusal TO allow i
"
granted prohibiting the removal beyond TIE use
ton property then within IT, III nightly
uesdsy the defendants now aVow that
great portion Of the for the purpose
The eompsnys onc and clerks have conceaed
Ham thut himself
Under all have Of asserting edeetuAJ the
risdcto bv appointing and continuing receiver
further that the defendants desire 10 take further
evidence coBiempts they reference to 90
90 Ithey shall proceed with the April 1859
Mr. Field said that as this the decision OF the
Court would ask it to follow the precedent OF the
Bturtevant case and direct reference In each OF the
contempt proceedings, TO ascertain MT FISK DAMAGES
and report the Court the 22d inst orders were
therefore, granted. .
Referee edned attended his Office, No 20 Nassaust,
yesterday M, take evidence in the case OF
Fisk, IT, against the Union Pacific Railroad Co., ana
when the counsel the both sides met they resolved 10
adjourn until after their interview with Judge barnard
They met again p. m, but Mr. Dudley Field stated
that chief witnesses Ill and on that ground
the Referee again adjourned the until p ~ today
UNITED STATES CIRCUIT COURT-SETTLEMENT OF
THE ORDER.
The following is the form of the order Judge
Blatchford has finally made in this case
the Of the Defendants
plaintiff herein t Supreme Court of the Stat
be STAYED AID reading and Sling
the defendant and the Of the ant
reading all he this suit In this cont and hearing
defendants and counsel for the plaintiff II is ordered tha
Of proceedings be and the hereby de
MED SAMUEL BLATCHFoRD.