The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-22

Judge Royoe's Decision in the Case
Of Complaint Against the Re-
-ceivers and Managers.
The Claim for Rent Settled by Ordering the
Accounts Into the Chancery Court.


81. ALBANS, Vt, March II, 1873.
The hearing on the petitions Of the first mort
gage bondholders and the stockholders OF the Yer
mont and Canada Railroad Company for the re-
moval Of the trustees and managers Of these
roads has turned out 10 be Q complete nzzle.
Charges OF the gravest and most serious nature
were made against Messrs. Smith, Clark, Barnes
tanned, and the petitioners to-day have virtually
ABANDONED THEIR CASE.
No witnesses have been called ON behalf of the
trustees, and none have been necessary, In the
opinion Of the Court The matter Is looked upon
here as complete failure and the confidence OF the
people In the trustees has been strengthened
thereby. Judge Royce rendered the following de-
cisiOn this afrernoOn:-
rn JUDGE RoYCR's DECISION.
GEnrLExrN-we have had no time since this
write out snything son6sctea Wit mi. matter but
agreed in lis desperation is probably 10?
tbs
Ssi OF
December and the psstiossr: 4" order 70
ns The net ne
sas q @ s
EsT Z: az sxS.se Os the Of the rent
C $ as sss had
the discharge q obis.to.s which had occurred and
ayers We'll The SaIs re ps
s ss NE : sns i'm
ts aHf ana sy navs out have paid cut
We'll nns 70 u that xe .qs in
position to decide hat question: that before
managers for the payment sf this money this ac-
Ssny BE- a that the
Of e Pay ' a ss ns
for they have those
dit1rs: y would os novel !. make order that
pa ., ws sna rs e
sscertaned whether there was fund Of which
tSs case as \ made out. seems make
We h Ss with the accounts
on s ps
Obi has e this 4
5, ba to to the Court
settled the Court GSanseIy since sssouats
Ss not think that there r.: BEEN any re.sSaass
q as
II Is true # i claimed. that the auditors who
q
:ns n S
under this decree But in the decree the page It
"a
Or said Vermont n and Gansda Railroad Company shall
n:ss he. WERE s a lea ss
Court Of Gf t's. there was no Opportunity
a.
should be settled now, and the question whether
ton that they shall Be- e but MAJ
noons' ana WIZ SHALL .Axr SUCH AN ORDER
nat these r " W see se1
sa5Sedy discusssd ihasws dc mot Eel called 70
mot think the
s ssasi
IA
ceedHg. i would be novelty . make an order which
70 as e
We do not resardt necessary decide that when these
s sy ed s SSS' q al s
facts mat he act undsrs.sndIngy ana then the
ri:
iii Dc ss' X
hs might f mere ad
an af es tt ps this ssy and @ @
for for dsoseyns an order chanc His;
road i as corporation L the supreme Court should
that the receivers and managers JUSTIFIED in paying
s Il
mined in ths rs n my jaag%ssnt before any
Ana IL that view q the case should feel disposed @
, snd q sss S,qs
DO not agree we would hear them in regard TO those
THESE OTHER PETITIONS,
they pray for removal Of these receivers and
Ss s1s q asy
those petitions . n latte. i. pr hs Is
he 81 Shi s
here until asss
is So h to p sTS: s that
that permitting these petitions to lie here in this Court
Se5 s%SsI5.s':: them ,nssoti.ins
We'll now ii this be true. the petition should be
tanned here unless retention for the
pose fprotecng saving some right e the
As understand the law upon the calling in OF these
accounts and the settlement Of them the Chancellor
such manner that they should be removed which they
evsn soad ss ssa for
in these cases why all the parties would have to do
would be TO file petition.
THE PRAYER REMOVAL
under such state of circumstances would contain differ
ent from those contained IN these petitions
It would be based upon something that Is to
transpire in the future in eSnnection with those
in Court would be of benefit the party unless the
petitions should be amended, and seems TO IL would
no particular harm these parties the petitions
should In Court Hence have concluded that,
in e these two petitions we should either
miss them without prejudice 70 the petitioners permit
them to withdraw them as they may choose This, in
have come n re mater and as before remarked,
there are many questions very learnedly and
deliberately discussed here that do feel II matter
Of duty decide upon this application, such the rights
questions all come up In the settlement Of their accounts
opinion upon that subject upon this sccason and we do
DAvEyPORrs NOTION,