Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-04-05
LOCAL NEWS.

stated, WAS waiting IN Ills oWce ~ '' ~
nearance of Col. Geo. w. Brent, Robert W.
Fails. and T.. G. White, who had been ar
rested in the morning Oh his order ny 'he
Sheriff for conteinp. in refusing to obey an To-
;nn,,ion restraining them and others known as
fine Shocmaker directory from retaining pos
session Of the Alexandria and Washington rail-
road. and recognized to appear at 3 O'Clock
that evening, and who had during that interval
been ordered to he released by Judge Under
wood on q writ of habeas corpus, but whom
the Sheriff hsa refused to release upon his
Judge Hili'G orders. Shortly alter that
hour the parties named, with their counsel,
+. l.. Smith, esq made their appearance and
asked to be discharged, basing their application
upon the action of Judge Underwood. Judge
Hill refused to discharge them, however, stat
ing that in his opinion JUICE underwood had
20 Jurisdiction in the cas-, whatever, and had
clearly j~altiuged upon the authority OF the
Safe Court. The Judge sud he supposed
al present were aware Of his uwn lcas upon
the subject Of Feicrli and State authority, but
the State certainly hal s>ne authority, and
white he ry.ra;Hei ]u lgo that authority ia bis
court sn@u;d b. r:c'gniz.l AID malntalnei,
ari that clnstauratly he should commit the
rartic. 5.!ora nim 10 jtiI inr one week. He,
however, modified that order by imposiug E
iiDe upon them OF 500 each, the Sheriff to
keep them in custody until the sam should
b.. paid. Col. Brrnt Immediately gave the
Sheriff his check Tor the amount OF the fine
against himself and Mr.. White, Mr.. Falls
having been excuipared by the JUICE upon his
G;sclaiming any connection with or interest in
the afairs Ct the Shoemaker directory. This
counsel Tor :Mcssrs. Brent and White took the
usual executions Tor the purpose Of appeal.
Judge Hills term OF ofice expired last night,
a. it is Understood that Judge Keith qualified
at Warrrnton to day, aud presided at the
Court rllcr,. Nothing has beea donr b. Judge
Unirrwuof sii.cc the final action OF Judge
Iiii:, tut the French directory will be before
ilm Oh TbutSlay morriug next at 10 o'cock
At ci;aubtr RS in the room oi the u. s. District
Court, &, show cause why they should not be
puui he'd for contempt of the injunction issued
by him restraining them from interfering with
the affairs OF the Alexandra aud Washing
ton Railroad. The trains arc still rua on the
road by the Shoemaker directory.
'i.c following Is u copy ct the decision OF
Judge Hill! iu the case OF the
Alexandria s. Washing on r. K. Co.
Washington. Alexa. & Georgetown X. Il. Co.
March 81. 1870.
Robinson, r. T. Hill and others. claiming IN
). French ms President Of the plaintiff company.
fnr an order to the clerk to issue writ Of hab9re
fscias possessionem in favor OF SAID french.
1t appearing that q writ Of habere tacIss pos
sessionem was issued from the Ilerks ouco on
the 10th day of this month in favor OF the plain,
tifIs, and to restore the railrosd TO them; and
it Appearing by the Sher'ffs return endorsed
thereon ,hst said writ has not eeen executed
- il nroncr that another writ issue for the pur-
o,sc' The only service Of the former writ 10 as
sat forth in the return theroof, as tol!oWs;-
.sThis writ has been executed TINS day, Dy oe'
livering the Alexandria and Washington BAIL
road into the possession OF Sam1"! NJ. Shoe-
,nsker. President Of the Aioxandrla q Wash,
;npton Railroad Co by Oscar A. Stevens and
w Jackson Phelps, Receivers or SAID road, II
pursuance Of an order OF the Circult Cou[t .
On tho 22d day of March 1870, III the case OF
The Adams Express Company. vs.. MarOury
arJ others "BREST s. WATTLES.
"Exccutcd as per c~niorsemement above. Mar.
% 1874 AZ hulf-pAst eleven O'clock u. M.
II. {. O'NEAL, Sheriff"
Il is evident from the most casua' inspect on
of tho above return that tho writ issued on the
10th day Of March has never been executed. u
an torje- OF the U. S. Circuit Court, delivered
tho road over to ono s. Nj. Shoemaker. That
was not tho act Of this Court, the sali stevens
md Phelps not being officers of this Court nor
=. -ln - ont nrItp
even protesting to $751; Hee un br s r$ artno Of {bis
Court, and acother writ must issue ald be du'y
oyccutcd therefor. II being simply the issuing
Of an alias writ in place of one returned not OK
ecuted, no party has a right to notice IN oroor
To show cause against it, tn" whole matter re-
cuirinp only tho exercise of the ordinary hu-
thorily of the Court over the proceeding: IN tho
Clerks office for tho purpose OF executing or
doris of Court heretofore duly made;
Tho question whether the road shall DO de-
Evered to the French party or the Shoemaker
party, is emo which does not admit ct contro-
versy in this Court at the present stage or the
proceedings. The suit hero was Instituted by
The Alcxsndris and Washington Railroad
Comrsnv, by James s. French, its Pesidsnt,'
The suit was carried OF by him as its l.rest-
dent. 1t does not appear On the records OF this
Cont that any change has been made III the
government Of the road, and SO lar rs we
know. James S. French is still its President,
and his Directors arc the legal Directors. This
mist, be taken to be true until it shall BIZ made
to appear that 3 change has been made: Now,
&c a matter of fact, l understand that Shoema-
S,r liains to be President. and to have rights
in the road by virtue of some contract made
with French long after this suit was instituted,
and which contract, and the rights growing out
oft have mover been before this Court IN any
way. French denies that SHOEMAKER hiss any
rights under such contract, and denies that any
body but him (French) is President OF the
company. Are we to stop in tho CLERK cmSe
whnp execution is about to issue, and decide
this gave and important CONTROVERSY between
;hesee parties? Certainly not. 1t is our duty
to recognize those who - hsv e. n from c tns o ss Ihs
nroner representatives of the plaintiff com
p mn and who claim still be. If other parties
ran ! st their rights, they must institute suit for
,he purpose snd proceed as in settling any oth-
~ cp,trovnrsv in Court. They must not 90 to