, 1873-12-03

nro In by Shopartl's conduct. aud thoir right is
II. 10 letter t'9u hia Tho cause pending showing
the al1ltlavit Of n1r. csloy, upon Which appli
cation was mndo for writ Of assistance, and
woro beforo Judge Tipton, and, with full
knowledge Of what had boon dono, ho awarded
tho writ
pEF5SsE ~ ,os or 81 sT4TT tSp rSnsnAh ooun1s
anil equity will 200 that this ts an attempt to do.
feat tho proceas Of n Court having full aud com.
pleto Jurisdiction. Tho State aud Federal courts
arc independent. and 1t is not competent Tor ono
Upon. tho grounds advanced, tim motion il
entered to dismiss tho bill for want Of jurisdic-
tion and that tho procoBs Of tho Circuit Court Of
Mclean County may go on ntiinpotIod to its
Tl,in is m imperfect synopsis Of tho worry ablo
epeech. No abnroviation co'td do 1t Justice, but
tta longtl precludcH 4 full report tonight.
GOV. rALs1Ens Answer.
III reply to alr. Crawford Gov: Palmer COIN
monccd BY asying. ~ haso re~lal! tho author
thi,!k myaelf warranted in saylng TINT they aro
uniform IN support OF tho proposition no msin-
talns, that whcro court invested with tho
powers designated, anil charged with the deter
acquired jurisdiction oyor a subject and Ito
partica Interested III tint subject, no other court
can rightfully intorfore with liz action. I
DO not understand, as my, friend objecta, that
tlis ~ conflict botween tho Federal and State
fict Of jurisdiction 1t IL q oaso Of conflict be-
twoen Two courts Of equity hut That ia not tho
caso for, II thin tcourt sIall tllorenttor diBcov-
or, upon consideration Of tho facta aud the law,
that the Circuit Court Of MCLEAN County las gain:
and any Of tlloHo rights iii the property are
discovered in tho bill. you will de;tiuo to pro-
coed, a1sd rernit them to TINT court to abide itn
decisions. lhoro je,. tEcu, no dispute between
his authorities proves as much as all Of them
do for ttey are Nil ju harmony with zach otl,or,
THE oAsr or THE ooMr1A1.;Ayrs HERE
rests Upon two fundamental facts. Tho fiat Ia,
tho actual possossion OF tie railroad pnl Xii ito
properly In dispute on the 25til duy uf ts,yuyl.-
Der, 1878. Tho proof Of this fact il air..u.t in
tho bill, aud IL supported by the affidavit of o,
N. Shepard mud ot}iets tint nro before the
court, Tho second fact il. that tho poyscs-
sion was rightfully tnhen nj against
tic nailroad Company, and oll parties clai1ning
under it. To provo tliB fact, it is only necessary
to rofer to tile deed Of truet. tho a11lday1ts at-
tacled to wl,icl, show tho non.pay1non, Of tho
olhor facta upon wlic, this right tlopoltls
THE LEGAL rnopoH1r1uSs As1asrru
az consequences Of !ho taota approved 70 be en-
ta blsliug aro:
ene9 su9 ta of liz
conrt ria anthnr;t,ca Wild, ic1',,n tho imtv
~ o,rt ~ Gh"mnas, - rnaet artiss sn ~
sos.ion from wrnnrfni fl;ntnrhance% % are too tyal1
Lnn@n 10 t,o Gonrt ~ maira II noccasnrr
to clio item. ria answer mndo t,y tho de-
fen1"rts IT, IT, rr;,,. '.,c f,c,o rsao s r.
t1,nt ~ tbo lima - f3,;,', thn b;ii H. +,;~ n,,so
thc icfcndonta ~ EnnoyorS xnra n IN aoaalon
Of tho uronortv in d;anrto' tTho facta beforo
tie court dn ,,ot ennnorE ti,;s nra,ens;on of tn
afnvrea ,,no wiic,, .I'ox ro5r Lo R.ceror on-
to, a3 tha rnon,s nccrn;c, hx iho aarv,nta ~ TN
T',,,slcos ami remoinnd tlcre ,,nI}ist'rhnf srhn
servants Of tho complaluants continued to progc-
cute their business, and il tie tefendants did IN
e' m co % it % would sound % oddlT to w ropeos % that
this amounted to tho nosaossion Of moro thnu
100 miles of railroad, with all Of It's oduip-
monts. The ncceptanca OF poBscesipn of tic
sumo proporty from tllo Sheriff on tho 2gth Of
November nuswors this Whole claim.
Thip pronoyition diBnoeoi1 of. Tic next rrouud
nsann,efl Nv defendants is. thnt flov nro fne }a-
ceiyorg appointed ly anotllor Court Of Chnucery.
aud that therefore this conrt caunot intorfero
10 1,rntpot narties nrafnst fhe nctR yhic], the
Circuit Court OF Mclean County authorized
them to do or can ho he1d tn hnyo authorized
them to do: oud nc aro aIl met by g question Of
lurlsllctlon. The Mclean County Court Of
Uhauccry had gonornl jurisdiction oyor
tia nart;cR to t7,n hi11 nc,,flfnr bofnro
it. aud oyor the subject Of thot
bill AZ far as these pcytioB wore iutorostcd IN it.
1t llas mower to do comnlote Justice between
those parties bg it's tlnnl orders. It had powcr
to apply aud employ ali its restraining, prevent
iYe, and PROTECTIVE powers for tho piriioscs OF
law and Justice between tho parties to tic bill,
and no other court can interforo with Tic oxer.
ciso Of its AUTHORITY. Uut il Ind no illrls1ic-
ton oyor counlninonte. because tLoy were not
partica to tic suit. Not being partos to the
sl1it. tie court lad no rowor 70 do INV net for for
tIeir advantage. How, thon. can t. do ncts to
their injury or disadvantage? Tloir cage IL
miserable Indeed, # tho assunption Of tho
counsel ia correct. tint the court can eiyo
item no aid. Iut nav i,,tiiot wrollon ,ron them
that It s hass no power to reds;csa / know
H. o aay we ,v Se IN tat Maongou aomrt
ra5rcss. Tl,at il to NV. tE1t tl,o nrans Of tint
corrt cannor he restrnined from lid comn,ission
of INV wrong tl,o; INV attemt. escett by ti,o
court wlIoae authority tney nbupo. That thew
nav 10 Without cInilepgo in any other court
ncls Which tho court from which thcy derive thcir
nowern oaunot forco them to do Thoy nav yinyo,yo
lin nnst sarrcl rirl,tu antl the citixeus hnyo M
radroas except to fIo sau,o court. It is admit
tai lint cnt,rt nav, iasuo NJ, inluucijop. NIL
.:I - " 1so:.. ,.,,. .,. .uaao'., -, - X