The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-29
A HOPEFUL PROSPECT.
New Phase Of the Railroad Suit.
ARGUMENT TO DISMISS. IT.
The Court Takes Time to Considor.
FRESH PROCEEDINGS N a STATE COURT.

court was OpSnSU u thttfS altcE ~ SCloch,
Judges Hughes and Bond both on the bench.
There were probably filty or sixty members
Of the bar present among them tMessrs,
New YORK; Judge Crump, Judge Robert
son. Henry T. Wfckhau, R.'T. Daniel, Colo.
mel w. W. Gordon, James Alfred Jones,
joseph Bryan, representing parties to the
suit besides large number Of business
men and citizens, who awaited with deep
anxiety the motion It was known counsel
were prepared to make In the Chesapeake
and Ohio Railroad case.
Hon. William M. Evarts, of New: York, Q,
counsel for the defendants, was the first TO
address the court. He spoke In plain, con.
yersational way, attempting no flights OF elo.
ouence and making no effort to " show of''
before the large crowd. On behalf OF the
defendants he moved to dismiss the proceed
ings in this court first, because the court
has no jurisdiction, owing to irremediable
defect as to the parties TO the suit, and be
quoted The law, which gives jurisdiction to
/! the United States courts only In cases where
all of the plaintiffs and all Of the defendants
are citizens of different States i; second, be-
cause it was the right Of the complainants IN
apy cause to dismiss their proceedings (as
they proposed to do in this case) before de.
cree.
NO JURISDICTION IN THE COURT.
Mr.. Eyarts said the original plaintiffs were
citizens of New York, and the original de.
PENDANTS were some OF them also citizens Of
New York. In the amended bill the defect
was not corrected; therefore this court could
have no jurisdiction in the premises, under
the law. Mr.. Evarts supported his position
by quotations from Wallace's Report and by
q long line Of decisions from various English
and State authorities. .Inasmuch as objec'
tious to Jurisdiction could be made at any
time in the progress of the case, and the Su.
preme Court could take notice OF it even
without suggestion, it was deemed essential
that it should be called at once to the atten.
tior of the court, and that plaintiffs should
also be admonished of want Of Jurisdiction,
90 that they might take whatever other action
they deemed judicious-t taking the case 70
the State courts, for instance. ~
Mr.. EVarts said it was not possible to ar
range the case so as to bring it Within the
jurisdiction of this court. .g.. '.=s
THE coMPLAINANTs AGREE TO DISMISS.
Judge Shipman, Of counsel for ell the
plaintiffs. st the conclusion of Mr.. EVarts's
argument, said that the points raised by Mr.
EVarts had received his most careful atten-
tion; that be was firmly convinced that the
court had no Jurisdiction, and that, there
fore, he offered no objection to the motion OF
the defendants-the Chesapeake and Ohio
Railroad Company-to dismiss for want OF Ju.
risdiction. Judge Shipman declared that
after careful inquiry and scrutiny be could
find no ground upon which the suit could
stand in this court, and that he had prepared
an order to meet the case.
The order offered, but which the court
would not allow to be fled, is as follows:
| Circuit Court of the United States, Fourth
Judicial Circuit, Eastern District Of Vsr-
| ointa: William Butler Duncan, Philo G.
| Calhoun, as trustees; John Ponder, Joseph
P. Lloyd, R. T. Colburn, Richard Irving,
w. B. Hatch, Ezra Wheeler, Albert +. Rich
ards, Charlotte A. Clark, and Morris Lowen.
thai, complainants, os. The Chesapeake and
Ohio Railroad, the Board Of Public Works
of the Stale Of Virginia; John B. Young and
R. r. Howison, trustees; ". B. Duncan, r
G.. Calhoun, and William Orton, surviving
trustees; James Lyons, sole surviving trus.
tee: Pc. Calhoun and William &. Kitchen
trustees, defendants.
) And now come all the complainants in the
above entitled cause, and. being advised
that said cause cannot be maintained Ia thi
court, hereby dismiss their original ant
amended bills in said cause, and will pro
ceed no further therein. -.
/ ". D. SH1pMAN, ". W. CRuMp, of counsel
SHrpMAN, BARLOW, LARooUE, M0FARLANp
WV. CRuMP, solicitors for the complain
ants. ;
~ TIE COURTS VIEWS.
Judge Bond, responding to the motion Q
| Mr.. Eyarts. which had been seconded %.
Judge Shipman, said the court was not nov
ready to entertain such a motion; that To
matter was of great consequence, and motto
must be given all the defendants. Some o
them were not In court. ;,
sMr. Eyarts dissented from that view of tn
case, and gave his reasons therefor: d q,
thorght. as q matter Of right, the PLAINTIFF
were entitled to dismiss their suit.
Judge Bond said that ms sort OF bills
that was no doubt true.
Judge Shipman again called attention u
the fact that he represented all the com
plainants.
Mr., EVarts said if the plaintiffs dismissed
their bill the defendants were all dismissed
with it. - :,
Judge Bond was of opinion there coult
| be no doubt about that when parties wer'
suing In their own right; here it might b'
that the trustees were acting In their hdu
ciary capacity. ya
THE ORDER OF COURT -
The Court announced the Goth of Decem
| ber as the time fixed for further hearing
and that owing to these proceedings ia oper
court It would not be necessary to give tht
| defendants other notice. If on the goth o
Decem ber any parties appeared and wished
to be heard on the motion, the Court Weult
give them that opportunity.
Mr.. Eyarts asked If it would not be vel
Ito Invite ChiefJustice Waite 70 sit in th'
j case. ~ ..zass G3Eh@& -,
said that the court might be held at AleXan
| dr;a. in order to make it more convenient io
the CbiefJustice. So that point was nxed
/ The Supreme Court of the United state
adiourns on the 18th of December, aud o!
Judge Waite will be at leisure it is oelieYet
he will sit in the case. In that event u!
court will consist of Chief-Justice Waite ant
| Judge Bond. If Judge Waite does not 81
the court will consist Of Judges BOND anf
| Hughes.
| ing order:
tees, John Ponder, and others us. 1he c'aesa
pea6e and Ohio Railroad Company, M
Board of Public Works of Virginia, ant
others In equity.-And now comes TIT
| Chesapeake and Ohio Railroad Company
one of. the defendants la the above entlaef
cause, and being advised that this court ha'
no jurisdiction1 of said cause, moves thi'
court that 1t do dismiss the complainants
bills, original and amended. and proceed n<
further in this cause which molten, haviDs
been argued by counsel, was fled'5y leave o.
court. and ordered to be docketed aud set foi
hearing on the 20.h5 day Of December a
Alexandria. StiII ~ 81 8. - s