The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-12-01
rho Railroad Mnddie-MaJ or s. a. !
wexford saftsF LED Hecesvor-11 as q :
o.her BBE Ete. ~ KS

rsffnn1a Constitution, EoyeInbr 27thi
ON t6as24th ofzthis month Maj or Z. Al
filed in sbs clerks office Of the SUI!
the petition which we. give q
eony below. Az Is seen, it is directed against
cntnnpt u, Z. Grant, the newly. apppinted
receiver. and, although there ,isi no direct
nrsyer that be be removed or ebjeined, still
\. restraining order granted ,by-Jud2e. Ell.
skine Is set up as reason why the complain.
nm, should NOE be required TO turn: over the
property to Colonel Grant. Tits petition is
the probablc cause OF the rurnor. which pre-
vaiiedson our streets a;few days ago TO the
effect that an Injunction had been served
upon Colonel Grant, but which turned out OUT,
to be a mistake. = S',.'=t 81 .','.
5sist sf %tE2 rag BILL. = tf. 80,
The Atlanta and Richmond Airline Rail-
road Company us. s. b. Hoyt, A. Rus
sell, T. S. Garner, ct. AL, In equity. Bill Tor
irjunctions relief, &c. ~ .!IA.@ Aa..
The peliton of 2. a. Wexford, manag-
ing director Of compliments, aiegestha .oy
resolution of the board Of directors OF said
complainant benhas been empowered, and
still is empowered in the absence of the
president of the company from Atlanta, to
transact certain business for said president.
That bile so acting he filed this bill, bona
fde, for the purpose OF resisting what ne
deems an unjust, uHwarrantable, and illegal
attempt to deprive the company Oh 9 large
amount of property, and With the dlsllnct
purpose and intention of preserving TO the
compary the possession Of said property,
and with no design or expectation THAT the
proceeding should or would result IN any
order or decree ousting the company from
srch possession as it then had. Your pen-
TONER, after thus commencing suit, had
power over the same in the absence OF the
president from Atlanta, but not when be
was present, and the president was present
in person at the bearing Of the application
for Injunction before your Honor. and your
petitioner bad no right at that time to give
direction 10 the case. This explanation Is
made not to cast blame upon any person
whstever, but solely to account forthe non
action of YOUR. petitioner at that time In
reference to the documents from the Federal
court now brought to your Honor's notice.
Since the order appointing receiver was
passed bv YOUR Honor the president has again
zone from Atlanta, and is now absent, so
that YOUR petitioner is charged as managing
director With the company's affairs, and as
he is representing the company, and will
probably soon be called upon by Colonel
Grant, the receiver, to surrender pos
session to him Of the company,s property,
be deems it proper, with your Honors per.
mission (Which is hereby respectfully
reo,lested). to submit herewith restraining
order issued by the honorable Judge En-
skine, United States district judge for
the portbern district of Georgia, together
with a COPY of the bill and subpoena in the
tot~ q
said cause being bill in the Circuit Court
of the United States Tor the said northern dis
t1ict iu favor of .Skipworth, Wilmer, and
Ausu.te Richard us. The Atlanta and Rich
mond Air. Line Railway Company and others.
And your petitioner statesin connection with
said documents that the said restraining
order was seized upon him before he bad
caused the bill in this present cause to be
filed and upon reading the same 1t will ap-
pear that your petitioner, as an ohcer OF
compliments company, is therein command
ed not to hand over or deliver possession OF
tue said railway or It's appurtenances on any
of the other oeerty of complainant to any
person except a receiver appointed by the
said Federal court, and from doing or suffer-
ing any act or thing whatever which shall
D. omote said handing over or delivery.
Your petitioner, as managing director
aforesaid, prays your Honor to examine
said documents, and if they be found to
embrace or constitute any cause for suspend
ing or modifying the order of your Honor
touching the delivery of the property, or
any part thereof, to the receiver appointed
by your Hopor, that your Honor will cause
such suspension or mobilization TO take place
by proper order for that purpose. In so
far as it is proper and respectful to do so,
your petitioner prays to be directed IN the
proper performance of his duty in the prem.
ises; and, if need be, he prays that notice be
given to all parties in interest to be and ap-
pear at time and place TO be appointed by
your Honor, to the end that such order may,
upon due consideration, be framed and
passed as the circumstances require.
P. A. WEXFORD,
Managing Director A. and r. A. l.. r. r.
NO DISPOSITION.
The petition was exhibited to Judge Hop
kins az soon as it had been filed by Colonel
Becky, who represents Mr.. Wexford. When
we saw it yesterday his Honor had attached
no order to it either setting it for hearing
or making any other disposition of the case.
This fact would seem to imply that he is still
holding it under adyisement. The case made
out in the petition is a peculiar one, and ap-
arrays the Superior Court and the
United States Court against each other upon |
/ question of authority. au"G.
What will be the effect of this petition, of
course, will remain unknown until Judge
Hopkins grants some order, and thus gives |
It direction. - r.. rs .a<"...e
Mr.. GARNER OFF FOR SAVANNAH. |
We saw Mr.. r. S. Garner yesterday, and |
learned that he leaves tonight for Savannah.
He desires 10 be present when the bond |
1oders' bill is heard on. the Both before |
Judges Woods and Erskine, but merely rs
ID outsider. 5as -. 'E" 81
The clerk of the Superior Court was busy
during the day preparing complete record
IF the cases to be transmitted to Savannah. |
This will put the court there in full possess
lion of the proceedings here, and the present
condition of the road. =
A COOP IDEA-A HOMEMADE RAILROAD
N RITcHlE CoUNTY.-[From the Harrisville
The Pennsboro' and HarrisVille |
railroad is completed. A carload of coal
was brought over it on last Monday. This