The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-04
LEGAL ITgTAELIGHNcN.
Tho New CYtcuit .JudUe.

United States Circuit Court-Judges McKenna and
CddtpdLader.
This morning the new Circuit Judge, McKenna
presided at the opening of the April term OF the
Court. A large number OF lawyers were in attend
ance and the trial list was called and arranged but
at the tme OF our going to press no case had been
put on trial.
The District Attorney Case.
NiSi PriuS-Judge Read.
Owing to the engagements of the Judge and COun-
sell the argument or the injunction to restrain Mr..
Sheppard from proceeding with his petition for a
count before the Quarter Sessions, which was to
have been argued this morning, was continued until
tomorrow.
Heavy Business.
District Court.
This Court Nos. and 2, opened to-day for the
spring jury trials. The session consists OF nine
weeks. and there is enough business to make the
cases average ninety per week.
Criminal Business.
Court Of Quarter SesSiOns-,Judgc PdSsoa.
The April term OF this Court commenced to-day
with Judge Paxson en- the bench. AS has become
recurring the Court TO direct special Uenire to make
up the deficiency Applications for exemption from
service on the petit jury occupied the morning.
The Mercantile Library ,v and the Sunday o"es-
Court of Common PlsaS-vJudgs Allison.
This morning was heard the case OF the Stock
holders vs.. The Directors OF the Mercantile Library
Company. Mr.. 6. Morgan Eldridge for the relators,
made the closing argument. He commenced by
hitherto in the proceedings, all OF which we have
before published. de then argued that the power
Oi INC ureCtoIs enldnhteu solely from the sLOck-
holders, and that, er-neceSSitate they were bsund
by the properly expressed wish Of the stockholders
that such expression had been duly and
legally given, and that so far the directors
had failed and refused TO do as had been
required; that the question Of morality did not
enterinto the discussion. To that the directors had
willingly asseGted they were ana had been contem-
plating the opening the library Sunday, and were
prepared to do so in certain events. He then
showed that the present direction came into power
upon quertioH Of subscription to the Westminster
ReUietc it being held by the old board, which the
present board displaced as being OF atheistcal ten
denotes; therefore claiming that the question OF
morality came with i'll grace from directors
elected upon such an issue. He then cited number
OF instances in which the theory OF controlling
representatives. had received public sanction, such
Senators being bound by the expressed wish OF a
legislature directors of railroads, elected by Cities
receiving and obeyRg Instructions and other similar
cases.
He argued and cited authorities to show that the
resolution which is the subject OF dispute passed
at the regular adjourned annual meeting, after due
notice to all the stockholders, and with attend
ance larger than the average, and that therefore
such action was the authentic, legal, and binding
decision OF the stockholders and that the directors
were necesSdts compelled TO obey such expressed
wish, and that 1t is the authentic expression OF the
will Of the BODY OF stockholders at the proper and
legal time and place, in legal manner
and IN the only way In which they can speak, that
this vote proposed by the board of directors is
authorized by the charter or bylaws; that the ques
ton stands squarely with the stockholders. If they
can compel the directors to do anything, in any
way, they uhe stockhOders) have exercised that
power In legal manner. IL they can compel any.
thing, the opening OF the library at such times al
they desire certainly falls within their province
That the directors do not object to the opening OF
the library per Sc, as required by the stockholders
but object 10 being compelled 10 do so, the real
son seeming TO be shat the movement did not ema
nate from the board OF directors, but from meet
ing OF stockholders