The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-10-21
THE ROCKFORD RAILROAD TROUBLES,
The q. 8 Court Claims the Right Of Jurisdlc.
ton.

| duu'
We are informed that on yesterday al
ternoon, the t. s. District court, at Chica
ga, having heard the arguments for an,
against its right to appoint Receivers il
the Rockford r. r. case, announced it
opinion that that court had not lost its juris
diction. The arguments were heard b.
Judge Drummond and Judge Blodgett. /
was contended by the defendants tina
when the court sustained the demurrer t.
complainants' bill and dismissed the bill
that the jurisdiction of the United States
court was lost, and that another court
could take cognlzance of the case and
proceed to appoint receiver.
| On the part OF the complainant it was
insisted that although the bill was dismiss
cd on demurrer, yet the jurisdiction of the
cause was not entirly lost but such order
of dismissal was subject to the revision
or modifca lion of the court during the
June term; that the court could grant
leave to amend the bill and reinstate the
case, and if that was done the jurisdiction
was saved and the cause stood as though
no order dismissing the ILL had been
made.
Judge Blodgelt in reviewing the case,
discussed the position taken by, complain
ant and defendants, and held the posi-
ton of complainant to be correct that al
though the bill was dismissed vet the
cause was not lost to the court; that he
had no doubt of the power of the court to
open the cause by leave to amend the bill
to avoid the objections previously made,
and where leave to amend was given the
cause stood as it originally stood in court
that it was the duty of the court to enter
tain jurisdiction of suits brought by parties
where those parties sought the aid of the
court; that on the 24th of July the cause
WAS renstatcd in court by leave to amend :;
that although the State court might, per-
haps, proceed, as had been done, yet when
the cause was reinstated in the L. S. court
then the suit in the State court could not
proceed further; that the L. S. court had
jurisdiction first, and was called upon to
appoint Receiver; that the right to ap.
point Receiver first attached to that
court; that the Receivers were not APP
pointed and qualified 10 the State court
until July 18th, one day after the reopen
ing of the case, at which time the cause
was reinstated and the jurisdiction of the
Z. S. court complete, and related back to
the original commencement of the suit.
Judge Drummond, in a separate opin-
ion, fully agreed with the opinion of Judge
Blodgett, and did not fear any conflict of
jurisdiction between the State and Federal
courts, believing that the question of juris-
diction was undoubted; that they always
desired to award to the state courts and
Judges full right to act in all cases within
their jurisdiction; yet his court could not
turn case away when properly there
that he hoped no such conflict would arise
in this case; that Receiver would be ap-
pointed and would have to take possession
of the mortgaged property and hold it as
security; that if it required the aid of the
court to enable him SO to do, the court
would not shrink from its duty but would
proceed according to law and equity
and that they did not expect to appoint as
Receiver the party appointed by the state
court.
The compartments asked that L. j. Rob
inson, of this city, and Mr. Walker, Of the
&. B. 4 Q r. r., be appointed Receivers,
but objection being raised by interested
parties, on personal grounds, to the gen.
temen named, the court intimated that |
it would not appoint those persons, but |
would on Saturday next, appoint some
suitable men to whom it hoped no substan-
tial objection could be made
The case as now presented shows some
points not before stated
1t will, no doubt, be to the advantage of
all parties interested that the road lie
managed from this city, and also greatly
to the interest Of the bondholders that it
shall be managed with as little litigation
as possible The management of Mr. Ca
BILE is believed to have been the best pos
sible for any man to do,-and all our citi-
zens as well as all patrons of the read, will
greatly regret 70 see him displaced