The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-11-24

opinion Of Chief Justice Chase In the matter
II the Adams Express Company Va. Joseph
Dawson, Washington, Alexandria and
Georgetown Railrosd Company, Oscar A.
Stevens and W. johnson Phelps, mention of
which was made In tho dispatches to the
RuruBlIcAH yesterday
Upon careful consideration Of the plead
lngs, proofs and arguments In this case we
have reached the following conclusions,
I. The Adams Express Company was not
q party 10 the suit Of Dawson VS.. tho Wash
lngton, Alexandria and Georgetown Railroad
Company and others, In the Circuit Court
OF Alexandria county, and therefore Is not
bound by any decree or order made In that
cause.
.. Il Ia not necessary In this case to pass
definitely upon the question whether the case
made by the Washington, Alexandria and
Georgetown Railroad Company to Stevens
and Phelps on the 9th Of May, 1906, was
valid, or. for want Of authority. not valid, as
q case.
8. Tho contracts Of the Adams Express
Company with the Washington, Alexandria
and Georgetown Railroad Company, and
with Stevens & Phelps, representing that
company, and In actual charge OF the rail-.
road, with Its consent, viz: the contract Of
February 1, 1866, and June IS, 1866, were
valid contracts, and under them the Adams
Express Company Is cquitably entitled to
conformation for the rent or use Of the roll.
ing stock, including locomotive engines,
placed upon the road by u, and to the sur
render OF the properly In good order, or to
pnyment for lie cost or present value, with
ront or reasonable compensation for use,
and also 10 reimbursement OF moneys ad-
yaneed for rspairs made upon tho engine OF
the railroad company used upon the road;
and. on the other hand, the Adams Express
| Company is bound to pay TO the city Of Wash.
| lngtop such amount as may be asccrtained
| to be due from tho railroad company, no,
| exceeding 600, 900, and fulAl the other stipu.
lations Of the contact on Its part.
4. The contract of September 10, 1866
was between 8. M. Shoemaker, on the one
part, and Stevens h Phelps, and Lathrop
receiver, on the other part, and there Is no
SUFFICIENT proof that, In making 1t, Shoe
maker was acting In behalf OF the Adams
| Express Company.
5. It Is not shown by the contracts, o.
other proof, that the Washington, Alexan
dria and Georgetown Railroad Company Il
bound to pay any expense, incurred by the
Adams Express Company, or Stevens aut
Phelps, for attorneys or counsel fees, II
litigation concerning tho road aud rollins
stock, or for services Of Shoemaker as trus
tee,
@, At the time the original Injunction wa
allowed in this cause, Marbury was not /,
possesslon of tho railroad ms receiver. an
pointed by the Circuit Court Of Alexandra
county. and tho Adams Express COMPANY
not being a party to, or bound By, the pro
ceedlngs In which Marbury was appointe
was moi defeated of lis right TO seek relief h
lis suit 10 this court.
II IL, therefore, ordered that the injunc
ton, heretofore allowed, be continued, will
leave to complainant to amend It's bill max
ing 8. NJ. Shoemaker a party defendant, an,
that the cause be referred to Andrew Jam
leson, who Is hereby appointed a master II
chancery for this purpose, who Is directe,
to examine tho dispositions and documents
already taken or fled In this cause, and /,
take further depositious, II necessary, mo,
such reasonable notice, to all the parties :
this suit as he may think necessary to Civ,
them due opportunity to attend, aud to rs
mort,
What rnvines or other rolling slocl
have been Mi, ,sd upon the rnad nv m
Adams Express Company, at the Instance a
the Washington, Alexandria and Georps
town Railroad Company, or of stevens
, Phelps, as Its lessees or agents; the origint
cost; the present condition and prcser
! value of that property; and the amount ,
rent accrued, or OF fair compensat for ma
Q, The sums which have been paid. an
the sums which remain due to the Adam
Express Company for the use or rental {
engines, cars or other rolling stock en-
ployed upon such road; and, separately, tn
sums paid or due to s. NJ. Shoemaker upde
bis contract with Stevens & Phelps, and Li
throp. receiver.
8. The sums paid, II any on account, b
| town Railroad Company for the purchase I
.,nh onnjnas oars ~, o,bo, ,olIi,,, ,,onL To-,