, 1873-12-03
THE RAILROAD WAR.
Judge Treats Court the Field
Of Action. Yesterday.
Arguments on the Motion to Make
Perpetual the Injunction.
tIr. Crawford Contends that tho Mclean
County Conrt I1as Exclusive
Jurisdiction.
And that tho Receiver of One Court
Cannot Be Impleadcd Before
Another.
Gov. Palmer Answers that the Scott
Party Was in Possession Be-
fore the Receiver.
And Cannot Be Disturbed by d Pro.
oeeding Against the Railroad
Company.
Judge Treats Decision Expected
Judge Treats Decision Expected
This nfor1llng.


Spseial Dfspateh to Tic Chicago Tribune.
Bpn1soT1ELD, ILL.,, Dec. 2.-The Gilman, Clin-
ton & Springfield nai1road controversy camo up
this morning III tho United States Circuit Court,
Judge Treat sitting In chambers
MIR. CRAWFORD
entered ploa as to tho Jurisdiction Of tho court,
and, upon motion to dismiss, said TINT thia
was bill for an injunction, which could not be
granted excepted on notice to tho party against
whom tho injunction wns to serve, and, In this
caao, IN injunction had boon granted without
such notice. Upon this point, be cited humorous
authorities, Tho bill contained no equity on ita
face. The factu stated woro bascd upon infor-
nation and boiiof.
Tho bonds Of the road wore thirty-Sear bonds
secured by mortgage, tho uecond clause Of
which provided TINT, in caao Of default in tho
payment Of interest for Blk months. the rond
WAS forfeited, and tho whole Of tho bonds which
wero to run thirty years bocano instantly due.
In the exercise Of tho power thus granted there
must bo demand matlo on tho day OF default,
and six months mutt rim from tho day Of tho
demand quot default, which must he in this case
upon tho written request OF one-fourtll of all
the bondholdore; and, lastly, there must be y
bona ade loiut entry by tue Trustees:
Tho bill must also show strict COM
p1lanco with Tho conditions precedent. It does
not do SO. There ib nothing to nhow tEGt
nny Of thc conditions precedent wero complied
with. Tho constructive possession Of Shepard
js therefore torturouA and illegal. When tlig
bill! was filed tho neceiver appointed by tho
Mclean County Circuit Court raa III posscasion,
aud his possession was in accordance with
oil OF hin rights. Equity lus no power to dis
tnrb this possession it cannot even dlspoesess
Il tresphBser. II 1t cannot dlsiodg q trespaseer.
.r$An$ u1r~ In tItS
occupancy Of property hold by the rigltful levy
Of judicial procesn2
Ho cont oiloi tint tho defendant iu this suit.
brought to the bar Of thls court, was really the
McIoan County Circuit Court. FLO laid down
could not bo implicated before another tribunal
without the cousent Of tho tribunal appointing
him.
JUDGE TREAT
hore intimatod tl,at TINT wes tho roal question
at iBguc, 10 which the argument should bo COLI
formed.
s1n. CRAWFORD
proceeded. There eau be no rfghtful clash be-
tween the jurisdictions. All caaes which arise
tied on we1l-estsblshed principles. The court
having obtained Jurisdiction over controversy
or thing, is entitled to proceed nnimpetlcd to
the end. Its administration attaches Whn.oyor
process it touches in the exercise Of its 5uti9-
d'ction. Its process is rs far beyond tho roach
of other courts as If the line of division be-
tween thom was traccd by landmarks and mon
un,ents visible to the naked eye.
10 establish this poiut, Tho counsel read largo
array Of authorities. also establishing tho doc
trlne that, while property. was actually or con-
structiyoly in Tho possession OF the court, the
tho court is bound to protect that possession
from tho process of othor courts, and tho order
Of sequestration is n complete protection. Tho
Rccniyer Of tho Mclean County Circuit Court Ia
within the protection OF this principle.
LII. CRAWFORD REVIEWS TIE CASE.
Tho Circuit Court Of Mclean County entered
M order on tho 25th OF November, ut Il o'clock,
Gilman, Clinton 4 Springfield llaIiroad, aud
from TINT moment tho property waa Actunlly in
tho hands Of tho court, aud all the world were
bound by tho order. IN pursuance Of that ortlor.
Mr.. Hincklcy mud Col. Morgan wero appointed
Hinckloy, with tho process Of tho AIoLeau
County Circuit Court, arrived In Springfield,
, aud, whilo be was proceeding undor his
authority to tako ,posscaslon Of tho ,road,
hs e w o fSssea csea tht y ~ Mr. e p ta H. rdSseIS ss
undor tho direction Of tho bondholtlerH, WHO
clnimcd to bo strangers to the proceedings be-
foro tho McLcnn Circuit Court, aud who had, as
was assnrod, snken possession ut . o'clock on tho
Col1rt had made tH order appointing Receiver.
At tho tlMo the ortor MAS made, tho AlcIIcan
County Circuit Court became tho landlord of tho
| property, and tho ot'lcors and subordinate otli
Gers Of tic road. including Mr. Shepard, became
its tenants. Tho property sao. therefore, &C.
tualy ~ tho possession Of tho Court aud it, ten,
anita. Tho Trustees wnro not iu possession at
that tmo, nnd had 10 right to noasoyHlon.
THO counsel hero rccitcd tho history OF tic
case, and showed That every step which had been
tAaon had been regular and lawful ; and that no
question llad heen, or could ho, raised of tho
] rlglltful Jurisdiction Of tho Court to appoint u
! Receiyor, aud, in case rosistRncD should bo Of
fore, to award writ of asstHta,ico to place Lin,
| i'll poBaession Of tho property. All these stops
| lad been EucccDaiyely taken.
THE ORDER EQUIVALENT TO sEQuEsTnATIoH.
Whom MI order III matln for tho appointment OF
q Recover Of particular property. il amounts to
aoIucstration, by Act a1ld operation Of Inv, OF
such property aud, wllon the Receiver IL kub-
| reStB by relation from tho date Of tho order to
tho sanla ctloct NJ II auch 1secoIyor waH named
in, md appointed BY, tho order unit, in appoint
ing II lsccoivor, tho Conrt OF Claucery takes
possession OF tia property oycr Which tho lso-
| cctyor IL appointed, and ronts mud protta aro
bound as af;ainst partios ia tho suit, tron, tho
order OF appointment. lilo counsel reclsed Aonle
autlioritos which 80 to the ostent Of binding
parties to the stlit from tho time Of tho filing ot
| tic bill.
| TIE rossEss1oS OF ,llHok1ry COMPLETE.
| Now thin posscaAion being thus ro1nplate, 1t
cannot lo inorforyed will, hV thu procohs OF my
! other Court, mud It. thoroiura procludou tllia
Court iron! rlnEtng suuh process. How did thoso
parties claim to get possession OF thln propertyF
BY Tho action Of AIR. Shepard, who is tonant to
tile Circuit Court Of A1oLoan County, and it ia a
plnn proposition Of luw that tcisailt cGnnot ILL.,
yort or turn over property. o. elain, tint aoule
third person has the right ot poHaeasion.,
sIEpAnD 3 AUTHORITY NOT auusrANTlAI"
l1la authority for takiug pouacasion was 4
latter OF !. Il. Il John hiayo Palmer, dated OH
tho 25th Of Noyonbor, directing him to tako pos
session Of tho property arl hold ii for btorton,
Bliss l. Co., their c!ieilta, and for, Thomas a.