, 1869-05-11
RAILROAD LITIGATION.
The Gnion Pacific and Rock R.Iaud
KIond.
From me Str Iiort 79'ses, Nay S.

from ire .Atf 1ff fS1Ntx7 4X1u ).
Swi'rt7se Ctrtrf-Chansbtrs-Nav 7-Eefort Jai1s
c'erh.-wn- N. Tweed, j.. = Receiver, &c, ol
ne properly o. tue Union Paet1c Ratlroad Com
PaaE, ys 5ohn :. TfaeJ aad the Chicago Rock
lion Mr. Tweed, Is receiver OF the property Of tue
Union Pacific Rallrosd Company, IN to,s STATE. or
within its Jurisdiction. or which may hereafter
ato Ros e. saa onpaSs nass .as h; 5on ssG
Tracy. and in bis complaint alleges, among other
things, that u be Is advised, there are Ereat
ffseF enoa p :! IT. Esz1a ss1 ss9 so. bod, 81 ss e.
the United States Government, which have
been issued 70 The latter company. deposited with
ing, and with view to secrete them IRON platntla
has placed them IN the safe Of the .Chicago i
Rock 1ftsnd Coupany. AZ Receiver, the plaintiff
declared to be the property Of the Unlon Pactnc
Railroad Company; that the defendants he nd
Judged to deliver them TO the plstptir, aud that
peIso1S other than the plaintiff
The only oefenAauts kesTed are the Chicago i
RoS1 ls!and Company. who sppes:ed anh fled =
moved 70 The Circuit corr. Of tho United states
for re Southern District The argument Of this
Nj. cnaTtes Tray, ii ocnan Of the defendants,
urged that the action should be removed under
any enc Of three nets Of Cungress. Tie claimed
pursuance Of the Aet OF 17ss; second that tho de-
:eudants had a rtxnt to hare The cause removed
81 q naf e 81
Congress lakstd IN laSs, that where defendant
ny Pet1tlop, swears that By tesoa Of prejudice or
local Influence he Is convinced that he will nor he
abe to Obtain Justice IN the State Court the re-
noyal viii he granted
Judge Cleric saiA th1t the ssn.1te last referred
70 Is . most astonishing one.
Gr- Field. In behalf of the plaintiff, concu1red
He sald that II the ssEssn OF legislation on this
subject which hid been commenced BY the
United StAtfs Congress, were TO be continued, We
would soon hATe no State Cou1tl llwss not true.
~ Ia some cases alleged. that Justice cannot be
| administered tn the atare tribunals Further on IN
fect,ve for the reason raas 1t was not ned at the
tine ei entering an APPEARANCE DesideA kneJ nsd
! PET IN only qualtned sPpeatanct. lie thought
| tie molten was male manly for delay.
| Nj: Trxct The truth u thai CAUSES IN the
! En1ted StaI3 Circuit afo reached more quicker
ths2 they are u The sss.e ctsca!s4
As. Field cousenaed ;has II Eouid be u least ave
! !ea-1 before the ckse Is reached on the rcgul31
/ talepLll, provided II Is uI1sfcTIcd+
Nj. Tracy, In rtrls. Insisted th2t the petitioner
Is entitled TO an abeoluse oFict On the pctsson BE-
| ing dled and tht Bu1cres to the boad being SC
| cepied- The plaintiff could hare brou8ht hts suit
IN the United Stases Ctrca1t in the nHst toEaoce.
md b3th defendants being citizens Of other Stairs
the Federal Court has original concurrent tuFtstc-
/ ton With the State Court The pla!urd having
! male his election 70 ste ID the State Court the
2cts Of ConEfeA& gre defendAnt IN caSe3 IKE tae
=; rrcsect an option to defend tn the ata:e Court o.
to harr ;ne e1ase transferred 70 the Feier7l Court
: This proposition wA* denied b tie plaintiffs
! counsel! who cited several nsssbot1ces IN support
or his roatson- The decision Of the tour WIS r.
! served
Fur plasnttf. Nessrs. Field and SheazuAn; fol
defendants, Aessrs- Charles T17cs and CLARK Bell