New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-14

q small town i'm Pennsylvania, Obtained from
Judge Barnard an injunction forbiddlng any
transfer Of this stock or any opening OF the
transfer books at all, on the ground thaV
Heath. Raphael, and the English stockholders
were engaged in conspiracy and though The
;nirnct;on was afterward vacated by Judge
prodv IL lasted long enough to serve its pur-
nosc Meanwhile the Englishmen determined
Of least TO have their stock registered, if it
could not be transferred, and for this purpose
sent about 10000 shares OF it, in the ordinary
course of business, to the Farmer5 Loan and
Trust Company, by whom-also in the usual
rouhne-t was sent to the Erie Office for in
speclion. The shares never came back
Upon inquiry the owners were informed
that presenting the stock for regisra-
ton was held TO be violation OF Judge
Bmnards order, and the same eminent jurst
had issued a supplementary injunction forbid
ding them to demand their property back
again. 1t is true the Judge was afterward
compelled to dissolve his own order, but not
until another suit had been commenced, in
which, upon the affidavit of James Fisk, jr.,
Judge Barnard granted a new injunction, for
bidding Heath, Raphael, and the other defend
ants to attempt either to transfer, register, or
remove their stock, and appointing James II.
Coleman receiver, with instructions to trans
fer the stock to his own name, to retain coun-
sci, and TO pay them out of the property in
his hands. Thus the English shares were viz
tually confiscated, and, according TO common
rumor and belief, were used for the benefit of
the Gould and Fisk Ring at the last election
for directors.
The defrauded stockholders appealed to the
Federal tribunals for protection, and succeeded
in moving the case into the U. s. Circuit
Court, where, after innumcrable delays it was
set for argument last Saturday, before Judge
BlatchfOTd, on a motion to dissolve Judge Bar
nard's injunction, vacatc the appointment of
receiver, and restore the sequestrated stock TO
Heath and Raphael. There could be no reason
able doubt of the issue, and accordingly the
Erie party prepared a new subterfuge to de-
feat the purpose of Judge Blatchford's antic-
pated decision. On the 2Sbh of February Mr..
james Fisk, jr, and Mortimer l.. Earle, by
their attorneys, Lowe, Clark & Morgan,
began fresh suit before Judge Barnard.
praying for the appointment of a new re-
ceiver Of the Heath and Raphael stock, and
referee to ascertain the facts of the case. The
decision timed that the order granting Mr..
Fisk's application was issued just two days be-
fore the case was called in the Circuit Court,
and Mr.. Charles Robinson, the new receiver,
was able to qualify and obtain custody of the
stock the day following. The suit before
Judge Blatchford was now useless The mo-
ton of the plaintiffs was not opposed. Judge
Banard's injunction was dissolved. and Cole
man was ordered to turn over the property to
the Clerk of the Court. But Coleman had
already obeyed the order of Judge Barnard
and given up the property to Robinson; and
unless there is some way in which the Cir
cult Court can punish this triding with its dig
nifty, we do not see that the English party has
advanced its cause Ill the least
1t is difficult to understand how any repu-
table lawyer can defend this sort of practice.
The whole purpose of the Fisk party has been
to pretent the courts from inquiring to whom
the disputed shares rightfully belOng-if in
deed there can be any dispute about SO clear
case--and to keep the property and the
votes it represents in their own hands, or the
hands of receiver appointed by their own
judge, which amounts to the same thing.
They have never voluntarily submitted to an
honest trial of issues, but have fought their
opponents step by step with er pdrte motions
and extraordinary perversiOns of recognized
legal procedures until they have made the
law a public scandal. If something is not
done, either to reform the code by legislation,
or to purify the bar by means of the Bar
Association, the courts will soon be nothing
but resort for rich rascals who want TO do
feat justice.