The New York herald., 1869-04-08
SUPREME COURT.
The Union Pacific Railroad Litigation-Pro-
ceediuRs Before the Referee.

The Union Pacific Railroad LitigntiOn-PrO-
ceedIuGs Before the Referee.
Fisk m. Us. me Union Pacific Ra,road Com
pany ana Others.-This case pursuant to adjourn.
ment, came up before Referee Red6eld yesterday
morning. Mr.. David Dudley Field appeared for
plainti. Mr.. John J. Cisco being present Mr. Field
requested him to be sworn.
Mr.. CLARK Bell appeared as counsel for Mr. Cisco
and said that Judge Bachford of the United States
Court, has decided that this action has been re-
moved from the Supreme Court OF the State OF New
York into the Circuit Court of the United States ana
his decision was announced IN open court yesterday.
His Honor held that all proceedings In the State
court since August last were null and void.
That by that decision 1t is evidently improper and
illegal to proceed further before the referee and that
II palntin g counsel insists upon proceeding the
State court further Judge Barnard WILL without
doubt, upon his attention being called to the action
OF the United states Court III the matter hold that
the case Is removed out Of his Jurisdiction.
sworn.
MIR. Cisco replied that he made his answer through
his counsel Mr.. Bell.
Mr. Field said that the only decision that appears
to have been made by Mr.. Justice Blatchford
was denial Of defendants motion in the State
court, the opinion OF Judge BlatchiOrd ex-
pressed in that opinion was mere obite, dctun; and
that the only decision on the question OF removal is
the one In the State court, which was upon the very
point In question: and decided that the not
removed; therefore the plaintiff feels bound to re-
spect that decision
Mr.. I. G. Durant being present was also requested
to be sworn by MIR. Field.
Mr.. Bell, az counsel, made the same answer in be-
nall Of Mr.. Durant that he gave IN bena1 OF Mr..
Cisco. -4s-.a~---- - ~,
Mr.. Bell said further In response to the remarks
o! Mr. Field, that he did not now appear on behalf
or the defendants, as II clear that there was 10
longer any suit pelding or proceeding existing
before the referee lie appeared only at the request
OF Messrs. Cisco and Durant, who had HIM sub
p9naed few minutes before eleven A. NJ this
morning to appear here, to suggest to the referee
the action OF tile United States Court and TO Obylate
any charge that these gentlemen might be wanting
IN respect TO Judge Barnard's Crders but that the
defendants did not regard the suit as any longer
pending In the State Court Mr.. Bell then read from
the opinion OF Judge Blatchiord, as II appeared In
tue morning papers, the following extracts:--"The
regular IN every respect, and no question had
peeh raised as TO the Suretv.n 'tHe thought the
case properly made out for removal, and the
stare Court had, ipse facto, lost all control over
the United States Circuit Court the latter court mad
commenced actually 10 assume Jurisdiction, and he
believed all the papers had been properly fedn His
conclusion was that the case now in the United
States Circu Court under the provisions of the acts
OF Congress- and any proceedings in IL in the state
"c0urt Is now going on 1t Is null and void" Co1nsel
asked ii IL could Tor "a moment be cOntended by
counsel for the plaintiff in the lace of such decision
by MIR. Justice Blatchford that any further proceed
ngs could be had before this referee or in the state
court at all.
At this stage OF the proceedings Mr.. Bell Messrs
Durant aud Cisco retired.
THE SAFE INVENTORY.
Mr.. William NJ. Tweed, Jr., the receiver was then
and testified re attve to the inventory OF
the contents 0i the safe lately broken open With
the exception OF the Following mentioned items, he
said the articles found in the safe were allowed to
remaln:--0ne tin box marked April 3, 1869; one do
with no GATE; one do. marked Ben. L. Ham; one do.
marked John A. DIX and W. II. Vese,. These ar
tcies nad been deposited with the Pacific Trust
company Tor safe Keeping. with the consent OF Mr..
DuIant and Mr.. Field. Mr.. Tweed presented de-
tahed inventory The case was then adjourned.