The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-17

1
Charleston wae engaged in hearing the
arguments in tho Blue Ridge Railroad
case = lengthy argu2lont ensued upon
the question OF the legality of the clec.
ton OF Messrs. James P. Low and J. P.
Southern as assignees Of the road-AIr.
Corbin contending that it was only ne
cessary for the parties voting to name
their candidate, and authorize the regis
trar to sign the certificate for them:
ME-. Trescott contended that some of the
creditors had voted under protest, and
that they would have refused to sign the
vote II the opportunity had been afforded
them. De nlso stated that the vote was
not, legally speaking, a ballot, until all
the voters had signed their names in &C.
cordance with the provisions OF the
bankrupt Act. Judge Bryan over-ruled
the point made by the counsel in this
particular, and the argument was then
directed to the question whether proper
notice was given of the meeting. Dur
ing the progress Of the argument, Gen.
Harrison. the former President OF the
| road, asked for permission to be heard.
| inasrauch ns reference had several times
been mode to his connection with the
proceeding He said that he had watch
ed tue progress of the proceedings with
great interest, and he was in court not
because lie desired to be appointed
assignee OF the rond, although he had
considerable interest in the snit. but be-
| cause lie had bern so long connected
with the road that he wanted TO see il
pass into good hands. He knew parties
| now who were anxious and ready to boy
the road aud complete it, il they could
! be assured Of good title, undor sale
ordered by the court. Every stage in
the proceedings, as the court we'll knew,
was link in the chain of title to the
road, and ne desired to see the proceed
ings conducted with legal precieion.
This had not been done at the creditors
meeting. At that meeting he plainly
saw that things were bound to 20 a GER
tain way, and, under this conviction, he
| hled protest, hoping to effect correc-
tion OF the evil. BE did not care who
was chosen assignee. but he did not want
the proceedings to be irregular. The
road Was now but wreck, but he for
one was anxious to see it pass into good
hands.
The argument was then resumed by
Messrs. Trescott and Corbin upon the
question OF ordering new election for
| assignee, and at it's conclusion Judge
Bryan sign:d the following order, sub
mitted by Mr.. Trescott:
The United States Of America-In the
matter Of the Blue Ridge Railroad Com.
pany. Whereas. by an order of this
court, made and entered on the 24th of
May, A. D. 1873, the adjourned meeting
of the creditors OF the Blue Ridge Rail
road Company. in South Carolina, bank
rupt, wae, on motion Of WIN. 81. Tres
colt, Esq, counsel for certuin creditors
OF said corporation, directed to be held
on the 9Th of June, 1873, OF Columbia,
and by the same order publication OF
said meeting was 10 be duly made; and,
whereas, 1t appears that no notice of
| said meeting was given as prescribed by
the said order. which results in O failure
OF the election OF assignees:
Now, therefore, in order that full no.
tice be given OF the election of assignees
OF the said bankrupt corporation, it is,
on motion OF Wm. 81. Trescott, ESQ,
counsel for certain creditors, ordered,
| that q meeting OF the creditors of the
ssid bankrupt be held at Charleston, S.
G., on the 9th day Of June, 1873, before
julius G. Carpenter, Registrar, and the
Marshal is hereby directed TO serve o
written or printad notice, either by mail
or personally, on all the creditors Of the
said bankrupt whose names appear upon
the schedule filed with the said Regis.
trar, or who have, since the fling of the
said schedule, fled proof of their claims
with said Registrar, at least ten days be-
fore tho day fixed for the said meeting
by this order, and that like notice be
served in like manner upon the corpora
ton, by notice addressed to the Presi-
dent thereof at least ten days before the
ssid meeting, aud that publication be
made tuice-once on the 17th day of
June, and again on the 24th day of June,
lSI3-in the Charleston Neus and Cox.
rie', and that new warrant issue in ac-
cordancs with this order.
The following order, submitted by
Messis. Corbin IL Stone, was also signed
by the Court:
United States of America-Easteru
District Of South Carolina. IN re the
Blue Ridge Railroad Company, in South
Carolina-In bankruptcy.-T sAid the
Blue Ridge Railroad Company. in South
Carolina. having been adjudged bank
ropt, upon tho petition Of James P.
Low, creditor, and during the period in
tervening between the said adjudication
OF bankruptcy and the election of as
signees, m Injunction having been OBJ
tanned upon the petition of said James
2. Low, protecting the property OF said