New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-24
THE COURTS
THE ERIE LITIGATION
JOSEPH H. RAMSEY ACT. THE ERIE RAILWAY
20 AND OTHERS.

HE BhIB LII ION
JOSEPH II. RAMSEY AGT. THE ERIE RAILWAY
co. AND OTHERS
In the Supreme'Conrt mt Binghamton, in this
state a motion was made three days ago this to
set aside the order OF Judge Murray ruspcndng Fisk
could ana lane bare minority OF the Erie Directors
from their POSITIONS aud epDug Ia the most stringent
terms those directors aud the Erie Railway Co. from tax
inc any steps To- set aside those orders This motion
argued by Mr. Field behalf Of the Eric Railway Co.
and the suspended directors Tho following 10 Mr. Fields
II the Court please this IA one Of those which
II difficult speak with patience ana II should betray
Impotence IN what Ihayo 10 say IcIaye your Indulgence
Tor intend speak OF parties and counsel with entire
respect There two quesOns before yOu one OF which
whether being here We show these orders 10 be impru
dent, irregular aud Invalid In what situation are we
Jndge Court has granted pdrie orders We could
not appeal The learned counsel opposed 10 ia know
that; all know H. No remedy renans thcreforc and
no means 10 get lid Of tho orders but by moving set
them aside. This s the usual When order OF
arrest Is granted without notice, motion 10 made 10 set
aside; when injunction Is Issued without notice mo
ton is made yacate and respect every prOyis
ona remedy Before whom should We make the motionf
We should make IL before the very first Special Term we
can find We looked at the printed pamphlet containing
the by the Judges OF the Terms and Circuits
orders were served upon u.s. on the 2ith OF November
was 10 he held at Morrisve by Mr. Justice Parker and
onr motion there Was not our right 10 do sOi Nay,
was duty Who has the right TO say that va
should 10 there that to move there Is dsespect
to any other Judgei Has II come 10 this that plaintiff
may get pdte order and you shall not apply TO
vacate It, except by going hundreds Of miles at an ncon
yenent veniont place. TO find the Judge
who granted the order. and there make the mOti0ni
We gave notice Of notion ought to be made before
a Judge regularly assigned, and then. Sir, wanted
stay the time. Had not right 10 nv The gem
teen are apparently ignorant OF the business not ~
know that II these nuncOns had been literally Obeyed
the Erie Railway Company would have been bnnkrupted
tho Path day Of November by the rules OF the Com
pany no bill be paid without the approval aud order
OF Of the officers suspended and eHoined by these
e1 par orders there could not have been check signed
that day. dollar paid out, except with this approval
This Injunction being served at O'Clock the suspended
and enoined officers could not have gone and signed
"A
reds OF thousands OF the COmpanys obligations would
have gone 10 protest Is not this thlngi Is
IL possibe TO speak OF IL with p,oderati0ni Men who
will obtain such orders, under such circumstances, arc
nj TO have control Of anything In which others are III
terested.
think conspiracy wicked has hardly ever como
TO the cOguizapce Of courts That Ramsey aud his
abetOrs should have dared thus attempt 20 prevent
the payment OF obligations maturing on that day due 10
innocent persons nborers aud others Ia something 80
alrOcOus that cannot speak Of II except with de-
gree Of warmth scarcely suited to court Of justice.
Well Sir, we had TO get AL order 10 stay proceedings.
From wllOmi From any Judgoi have said To Mr. JUS
tce Murray himself have said 10 other Judges that
there NOT Judge IN the State OF New York who would
not have granted that stay. Aud Mr.. Justice Murray
himself has avOwed that lao would have granted II IN an
We had the right to GO to any Judge we could ma We
should have gone 10 Judge Ia the cry Of New York;
but tsohappencd Fortunately. that there was Judge
from this district there, and We apped 20 hiu AT that
time, SIR, only the order VI surcnsOn Hn OF Injunction
had been served Tho order for Receiver tho plaintiff and
intending no doubt BY coup dc main 10 serve the Treas
nry OF the Company, before could know anything Of
the order appyintnga Receiver very shortly after What
then did we Gi We went to Mr.. Justice
Clerke, and he gave us an order staying all
proceedings for sx days 10 enable 20 apply 20 Judge
OF this district Then We went 70 Mr. Justice Parker,
and although stretched upon sick bed, yet such was bis
view of the exgency that he granted order staying
all proceedings until the motion could be made The stay
was our right IL was no favor. We asked favor OF
any one Under the law OF the land ~ by
Judges had right to this stay; therefore arc
here You now IN judgment OF law sitting at the reg
uar Special Term OF the Court IN the place of Mr. Jnsce
Parker. Who being too III 10 hold tho Court has asked
YOU " take his place Aud wo now say TO you. wo