The New York herald., 1870-01-02
The GREAT WESTERN AND ERIE WAR.
The Mephistophelean Fisk Turing Up Smil.
ing Again-The Other Side Of the
Great Railroad War.

In the law reports Of Yesterdays morning papers
appeared reports or proceedings IN Judge Barnard's
court OF suit brought In that court "by the people
OF the state OF New York against tine Atlantic and
Great Western Railway and the appointment OF
Mr.. Addison G. Rice as receiver OF the Great West
ern road.
The proceedings in court were apparently OF such
very '.square character that those interested In
FisK's proceedings must have rejolced to fnd that
there seemed at length to be some way out OF the
inextricable confusion whicn the Erie burglary OF
Wednesday night had occasioned. Yetn any such
LAID this nattering JUNCTION to their souls they arc
deiuded. It Is not so. The following statement OF
facts will probably help as much as anything that
could be written to give to all interested In these
proceedings material for reflection and help them to
right solution Of the reasons that are actuatng the
Erie princes ana their Judge to the desperate des
potc policy they are pursuing In their nominally
legal proceedings as to the Great Western road.
The bonds OF the Atlantic and Great Western are
mainly held IN Engand-the line being one OF Sir
Morton Peto's, who, when he came to grief IN the
great English panic OF 1857 brought the Great West
ern road, as far as extensions were concerned, to
an untimely end. This and other adverse clrcum-
stances resulted In o leasing Of the line by Mr.
McHenry, the president OF the line, VINO was the rep
resentative OF the English b0ndhoders to the Erie
In December 1S8S In this lease there were covenants
stipulang to the payment OF bondholders OF thirty
per cent Of the earnings OF the Great Western road
1t needless to say almost that this has never been
paid. Litigation was commenced before Judge Bar
nard alnst the Atlantic and Great Western, which
has now eliminated In the proceedings OF Wednes-
day night last, and the successful application for
receiver at Judge Barnards court on Friday
fridays proceedings are kind Of companion pic.
ture TO Wednesday nights burglary. TO make
show OF having given legal notices OF the intention
oil the Erie to apply to the Supreme Court on Friday
Messrs. hammond and Morgan, VINO appear as cOun
sci for the people against the Great Western served
2 = nonce upon MT Kucker, superintendent OF tne
that the counsel Tor the Atlantic and Great Western
would have had notice, Or at least, some OF their
officials; but no. that would De to follow TOO strictly
that axiom OF Euclid, tnat the nearest way TO
given distance IL by straight line the first inti-
nation that Messrs. Barlow and Mcfarland had OF
this Supreme Court application was BY telegram
from Philadelphia, informing them that something
was going on IN the Supreme Court at New York.
they immediately wended their way to the court
house; only 10 IND the motion, In which they mad the
greatest possible interest, granted on virtually &c
zdrte statements and the court closed
That sucn receivershlp, granted under sucn cir
cQmstances, would be allowed TO remain valid Is a
supDOst0n that even the Erie princes cannot so far
outrage their common sense as 10 entertain for any
longer period than when they are endeavoring 10
Degue newspaper men into the publication oil their
plausible stories, promising all sorts Of ''cOmpli
menls OF the seasOn II they would give these repre-
sentations the important significance Of editorial
type.
1t is understood that the object OF MIR. McHenry's
visit to Europe ts TO organize arrangements among
tile English bundh0lders for bringing these Erie
prlnces to book. Enough is known to justify the
belief that fight with all the English dOg2edness
will be aroused. II SO the bull dog character OF the
EngIsh for lighting may Tx MesSrs. Fisk and Could
the Erie road Opera House and all so tnat they VIII
be left gticktnN IN the mud, unless some fine morn
Ing, before thss part OF the conflict II reached, the
Erie princes should take the "Exceslor' line and
@Q0 MP In u bHliOOn.n