The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-04-28

w. AThlL 20. 1914.
of purchases by our merchants is so oppres-
slve that 1t will practically prevent their
successfully competition with other rival
cities (Which not only have the advan-
age OF large accumulation Of cap-
taI, but whose trade Is fostered and pro-
tected by friendly legislation), and will in
eVltaoIy tend to seriously cripple and dwarf
our already languishing commerce.
I'd. Believing that said bill is species OF
class legislation, imposing rate of tax upon
the energies Of those of our citizens who
are engaged in trade, out Of all proportion
to that levied upon other branches of indus
tries and upon landed property, and thus
opposed to the Constitution from which it
derives its powers, we do most earnestly in.
woke the Governor Of this CommonWeal lth
to lnterpoSe his veto, and thus save this city
from the commercial paralysis that Will GER
tainly oyertake it if said bill shall become
law.
Sd. That copy of these resolutions be. ut
once forwarded to Governor Kemper.
The resolutions were opposed by Nr.
Whitlock as ineXpedient.
The resolutions were agreed TO. Messrs.
Whitlock and Hagan voting against them.
The Chair appointed the following COM
mittee to convey the resolutions to the Gov
ernor: Messrs. Todd, WhitIock, English of
Monroe Ward, Lipscombe. and Straus.
on motion the President was added to the
committee.
Adjourned at 9.20.
UNITED STATES DISTRICT COURT. TEsTER-
DAY.-Judge 10. ". Hughes presidiny.-The
following matters were disposed of:
In the matter Of G.. ". T. Smith, bank
rupt: A trenchant order was entered in this
cause against the asSignees. The bankrupt,
many years before the war, had purchased
the Meadowville" farm, in Fauquier, in
part with some 900 borrowed for the pur-
pose, OF Anderson, giving deed of trust on
the property. Other unque>tioDable liens
bad accrued upon the same property, all to
an amount in excess Of its value. The widow
OF Anderson, TO whom the original purchase
money is now due TO the amount of SIj, 900,
is in need of it for her support.
The same was the ease with another tracc
OF land called the Walter Smith tract" in
fauquier county, bought by the bankrupt.
except that the purchase money due upon it
as lien is itself in excess of its present
value. The bankrupt had also purchased at
different times other real eState-somc half a
dozen tracts-all now charged with liens :;
but the liens on all but the two first named
| tracts are claimed to be subject to credits
which are claimed not to have been allowed
| III reports OF commissioners of courts made
on liens and their priorities.
The Circuit Court of Spotsylvania county
| made an order for the sale of the Meadow.
vile and Walter Smith tracts, and the other
real estate of the bankrupt year or more
ago. Whereupon Smith went into bank.
| ruptcy, filed his petition for exemptions, in
cluding the homestead exemption, and pro-
cured q restraining order from the United
States District Court, putting stop to the
sales ordered by the State court.
Thus the case stood in February last when
motion was made at Alexandria by the
counsel of Mrs. Anderson and other credi-
tors for dissolution of the restraining or
der of the bankrupt court. This motion,
after extended argument, was granted by
Judge Hughes as to the sales Of Meadowville
and the W. Smith land on the ground that it
was not shown that any credits claimed to
be not allowed, even if allowable, could af-
feet the amounts due upon these two estates,
both encountered beyond their value by I'M
disputed liens. But the restraining order
was continued upon the other tracts OF land
belonging to the bankrupt. The commits.
sioners of the State court thereupon READ
vertiscd the two named estates for sale.
Against this order of the District Court
al appeal was taken to the supervisory
power OF the Circuit Court, and after eiaeo-
rate argument again Of the case before the Clf-
cult Court, that court affirmed the decree OF
the District Court. To this decree oil affirm
alton by the Circuit Court no appeal has
been taken to the Supreme Court Of the
United States.
But the assignees Of the bankrupt went
before the judge of the Circuit Court of Cu
peper county with bill of injunction set
ting out an er turte statement of fact:
and suppres>ing the fact that the cause
had been twice heard and decided in
the District and Circuit Court of the Unite d
States. and askirg of this State count
an Injunction against the sale about 10 be
made by the commissioners Of the Circuit
Court of Spotsylvania. Ipjunctions under
the practice in the State courts are allowed
Oh es parte motion without notice to the ad.
verse party; and so, on this prayer for an
injunction, the Culpeper circuit judge
awarded an injunction against the order OF
the Spotsylvania circuit judge.
This order having been obtained by as.
siunees in bankruptcy, who are officers Of
the United States Court and under its con-
troll. upon sworn statement suppreSsing
the fact that the cause had been twice heard
and decided against the prayer of their petit
ton. the bankrupt court yesterday made an
order recurring these assignces at once to
dismiss their bill of injunction in the State
court, and to appear in Richmond on the
5th of May next to show cause why they
should not be removed as assignees and why
they should not be attached for contempt.
krmistead 4 Morton us. Raphael and 9TH
ers: Petition to set aside deed from Isaac
Jacobs and wife to Harris Raphael, dismissed.
In the matter of S. N. Page, bankrupt:
ITnon petition OF assignee for power to sell
real estate, order for creditors to show cause
why petition should not be granted.
In the matter of j. OVERLY: Ordered that
II Oyerby appear on the 18th OF June ana
show why judgment and execution lie not
issued against him for S50S.90, with interest
added. as prayed for in petition Of WOOD
Bouldin, Jr., assignee.
Tn the matter of Young j. Clements,
bankrupt: Order for assignee to pay 10
bankrupt S140 in part OF 500 exemption,
that being the amount OF money III MS
hands applicable thereto.
In the matter of B. n. Robinson, bank
rupt: Upon petition of George W. Wash-
iogton (colored) injunction granted restrain
ing j. 3. Slaughter, trustee, and 3. Starke,
assignee of said Robinson, from selling GER
tain property at West Point claimed by
Washington.
In the matter of W. E. Sheets, bankrupt:
Order that the assignee make proper deed
of bankrupi's property sold Peter Sheets,
and deliver same without fee.