, 1874-06-07
No Passenger to Enter a Car Without
Ticket.
TIE CHCAGO & ALTON SUIT.
Snecin1 Utsp0&ch 70 The Chicdoo Tribune.

from The Tinted States Court the Southern District
Illinois 7rected to this Court ana devered TO me
Court the -Acard und proceedings IN TINS SUIT tiat
hi. refused to oDcy such writ and on not'on OF
na.nf s.. the down for trial that on May 23,
Isl. Jury was impaneled to try the cause, where
upon the defendant, by ls attorneys, presented ths
folloving s :yl1 protest; 70: s;no.,,on c,u.,v.
In the Circuit Court. May term, 4 D. 1871, The
People Of the State Of Illinois r Ths Chicago Aon
cause for the purpose Of objeetng to further pro-
ceedngs in this cause and ecr no other pupose and
being the defendant Claims, in this Court for faid
purpose md none other, the defendant objects to
further proceedings in the and also to the ad
Commissioners Of aaid stale in evidence aud also
objects all other evidence offered as testimony and
said defendant excerpts to the admission OF all said
evidence nnfto The several instructions OF the Court
not waving thereby any right to claim that said CAUSE
hus been removed from said Court
SruAEr, EDWARDS, AND BnowN.
HAr GaEEsE asD 1ITs1sn TT n. for DEFENDANT 3en IT,.
names Of witnesses, the questions propounded to
tbt,n the answers given, and the schedules Of maxi
mum Of charges for the transportation Of Pas.
in evidence are also stated The defendant then staes
i'll this bill that the foregoing al the evidence in
tn sna feat an an hst the
the objection that the jury returned verdict for the
plnintin for tho Of 5000. and that tho Court
entered Judgment foz plaintiff on the verdict for the
amount so found
Since the service Of the writ OF certiorar, the de-
fendans counsel hare refused to in this CAUSE
except friends Of the Court and to file its protest.
md at such times they have always nestcd that the
erto1s1i had reoved it to the United States Court
The plaintiffs insist their legal rights and refuse
to to 9ns31ng a 1y W whe m a y
to preteTve the rulings Of the Court, the objections
and exceptions thereto the motions and evidence with
reference which the rulings OF the Court are made,
and make them part Of the record in order that the
appellate Court may sea whether the rulings were
Of prxctice What is the duty Of the Court to the
signing: and seang:the bill rendered? Sec 80 Of the
practice &C, durnG he ass m o. an3
oEAuon of the Court, and reduce the same to
writing ahal be the duty Of the Judge to allow such
sxceuious and sisn and sea the eatne and the said
exceptions slau thereupon become part OF the 1e-
cord Of such cuse. The of the proposition
an execution to The opinion Il the Court and reduce
the same to writing during H., tue I progress .s s
such e1ception ane, sign and seal the same The su-
rre.ne Court Of this State hns repeatedly held that
party wishing 70 avail himself Of exception to de-
csion Of the Court MT except a the te the decision
Is nade and the bill r,ust a.iruatlFey sho" that the
exception was taken ct tho time; In practice hom-
ever tho exception merely noted and the bill Ii af
terrards settled Tho defendant insists how that
id object in this to tho introduction Of ali
tions and that it excepted By the same protest. to
such rulings. If the fling Of the protest had the effect
in.is: hat the case is not in court and ut the sae
time recognize it Is being there The defendant may
get The benefit Of the appearing IN & esuSe and tho
test would enable, the defendant to put IN
objections before the cause Is valid, Or any
retro from the COURTROOM which shall apply TO the
introduction Of all the evidence rs afterwards Of
fcred, and require the rulings Of the Court thereon,
mud except to such rulings here may be made with
out assigning any reason therefor. NO rue or Aw
ue toua wnc1 @ "a ssai te hi ~ are,n
tons rendered in this cause.
THE DEFENDANTS ATTORNEYS
now present record OF the facts in the case,
which they ask the Judge to certify. This he
las not yet done, but is considering how. under
tie circumstances ho may properly do 1t, Il, IN
deed, he may do it at all
GILMAN, CLINTON & SPRINGFIELD.
vo]uminous bill was filed in the Circuit
Court yesterday by Samuel Il. Melvin against
the Morgan improvement Company OF Pennsyl-
7ani., Robert D. Barclay, John P. Green, ". q.
Osborn, Andrew Carnagie, Morton, Bliss
j. Co., and Morton, Rose j. Co.,
Of London. The complainant states
trat in 1869 the Gilman, Clinton l. Springfield
Railway Compsnywns corporation duly autho-
rizcd to locate, construct, and operate railway
line from Gilman southvesterly to Springfield,
in this State, the llne being about ITO miles in
length. In 1870 the
MORGAN IMPROVEMENT COMPANY
made m agreement with the above named Rail
way Company to furnish al tho labor and ma
terialB necessary to construct the entire line OF
pany agreed to execute to the Improvement Com
pany the sum OF So, ,OC0 600 Of its bonds, bearing
Iper cent interest, and secured By mortgage to
Thomas l. Scott aud H. J. Jewett, Oh the entire
Tine Of the railroad, ita appurtenances and frau
chises- Tho railroad accordingly executed the
$4,000 bonds and the mortgage, which Tas
first lion on the road.
Some time thereafter in 1871
AN AREASo EslEST WAS MADE
bv which the Pittsburgh, Cincinnati j. St. Louis
Kailroad Company and the Illinois Central Rail- |
road Company = agreed with the Gilman, Clinton
d Springfield Railroad Company thAt tho former |
two Companies we're to Set apart certain amount
Of their earnings their respective lines 90
ing to or coming from the Gilman, Clinton l.
making purchases at not less than par Of
the bonds Of the last-named railroad
a4 and s nlso TO-. to e1ecnto on the back
inteuded to give additional security to al sub
se3ueut boudkoldeTe. aud to enable the bonda
to have re@dier disposition in tho market.
This agreement ras carried out, and tho whole
OF the bonds udorscd while they were yet the
exclusive property of the Morgan Improvement
Company.
N OCTOBER. 1871,
Andrew Cnruayie having q one-1enth interest in
the Morgan Improvement Company, and repre-
eenting that he had great influence and expert
ence III negotiating railroad bonds, undertook
to negotiate salo Of the whole issue of the
bonds at satisfactory rites. In pursuance of
this arrangement for the Company, they agreed
to let him claim tho management OF the bnei-
ress. Carnaeie made al agreement with Nor
ten, Bliss g. Co.. Of New York, to sell tho bonds.
Tie latter firm sent the bonds to their cores
pondiug firm of Morton, Rose 4 Co.. Of London,
aud
THEY WE'RE ULTIMATELY SOLD
there after large advertising, for g. cents in gold
cn tie dollar. The proceeds were rem,tted to the
New York house, where a large profit was nlHo
made On exchange. Melvin claims that Cnrnagie
1uuGe secret and fraudulent agreement with
Morton, Bliss d Co., and Morton, Rose
l. Co, whereby the price for which the
bonds rero sold WAS to be kept secret.
and settlement made at a less figure than the
actual price, the difference being divided
AMONG THE PARTIES
To ftis a1Ie-pd frautule1lt transaction George