New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-31
THE COURTS.
ATLANTIC AND PACIFIC RAILWAY LEASES.
SUIT OF SAMUEL p. DrysNOlyB AND oTBrBs-A
PLArSusy uNroRruxATR IN BEING MS OWN

SUIT or SAMUEL p. DrysNUyE AND oTBrBs--A
PLAISrIFY UNFORTUNATE IN BLING MS OWN
COUNSEL.
The suit of Samuel =. DinsmOre against the
Atlantic and Pacific Railroad Company and others hse
been revived in the Supreme Court OF this county. Mr.
Dnsmorc original subscriber to the extent OF 100
shares the stock Of the main defendant, the Com
pany which Was Incorporated by net Of Congress TO
run Springfield No. IN tho Pacific Ocean. and was
given by that act Q hand grant of 55.O00oOO acres.
The capital stock WAS to be S1O000OC00. provision
Of tho charter required the Company within two years.
TO begin work and to build thereafter at least 90 miles
year. The road according to Mr. Dnsmores statement
has been built only to Vnita Ia Texas Under missouri
Legislation the Company procured the franchise OF
road already built from Franklin, which II 40 miles from
81. Louis in the direction Of Springfield. The general
course Of this road from Franklin to Springfield south
west.
The Pacific Railroad Of Missouri directly west from
81. Lons through Franklin to Kansas City, 2s3 miles,
diyerging Franklin from the road OF the Atlantic and
Pacific Conipany which had direct connection with
st. Louis Tire Pacific Railroad had also leased other
roads, the Missouri River Railroad, the Leaycnworth,
E.enson OF the Usage vaeH and Southern Kansas
Railroad, the Lexington ana st. ous Railroad, and THO
its own road about ass miles In June 1872 the ATTAIN
tic and Pacific Railroad COMPANY took lease OF the
agreeing pay the interest s bonded debt amount
ing about $13000O00, and the rental on it's leases
stock OF the Company amounting together to charge OF
about 81 900 per annua. Mr: Dinsnore charSes
that this capital doubled In immediate anticipation
The plaintiff in tis case declares that this lease was
wholly unauthorized That Of the leased roads only the
fortyfve miles from Franklin Ia ST. Louis was OF any
the line of the leased roads overwhelmed with
debt that revenue could he derived to his company
them and that the leased roads were In direct con
necion with and feeders of rivals of his COMPANY Tor me
transcontnenta business lie claims that the lease
beyond the powers Of his COMPANY as no part o.
the leased roads except the few me0 between tLaKIn
Louis could aid in the purpose for which his road
In Dnsinores first suit Judge Daniels, in passing
lease was inclined hold tIat the lease void. a.
only fhe A. miles between Franklin and ST. LOUIS came
within the charter purposes OF painfins coihpany Dut
as the leased roads ya ,n nc dsS tSe sa NO se with
a remark that before the time for the next payment
the paitf could present his case III sui WIN
Ia this second suit MI Dnsnore, who is his own law
YER made the Pacific Railroad Of Missouri defendant
pany hut made tie mistake Of serving himself and
the service was VOID An iniunc,im restraining the
but on motion OF .hc defendants vacated in It's ualn
feature SO that the REM could be a me service Oh
and yesterday. Mr. DnsDioc Ina%ing no opposiuon tc
"hVc ~ "no'ipn VIZ" ,,' =, ,,,nra A. Mr. Din.-
more appea red for himself John T. Bufr Tor tie de-
fendants
MECHANICS LIENS on THE WINDSOR HOTEL
A proceeding brought to establish the hens
of several pcrsos under the Mechanics lien law against
the Windsor Hotel Is now pending before W. NJ Prichard
az The hotel built BY John T. DAILY on lease
hold property Filtl-aye, extending from fotysiKth
10 Fortyseventhst Grosz Son. for iron work on the
building; Power Brothers, plasterers and Others, filed
liens against the building. the total amount claimed
being about 1915 600 In the Winter OF 1873 or Spring
OF 1874, Mr. DAILY transferred the property TO acom'
pany. His wife. son, daughter, aud brother com
posed the company, which bought the property
from him by assuming a mortgage ior SZooooO'
and paying him Ss5O,O0O in the stock or the Company.
The litnors brought proceedings To declare THESE mems
superior to this conveyance alleging that to them u
fraudulent and void. The matter was reierres anu
testimony has been k for ba tue thd cs Of rho s Snr
was S6sJ, 900 william III. DAILY, the brother OF tine chcI
a. alleged by the ieiors and that tue stock mar
ket price. The ienoIs proved tEeT claims anu rested
their The matter was then adjourned " septcm-
Der next
MARsHAIS' CHARGES IN BANKRUPTCY CASES.
Judge Blatchford, sitting in the United
States District Court has rendered decision IN an ap
peal arising OF tie matter Of John j. Johnston and
Edward j. Hale bankrups. After the settling OF the
bankrupts' estate the clerk taxed the u e. Marshals
fees ut 1892 o. From this both the Marshal anu the
bankrupts appealed The Court in giving the opinion
awards the Marshal 81 O67 36 Many items in his claim
are thrown out however One of these Is for personal
attention to the bankrupts' property The objection to
this was that no personal attention had been proved
other than what had been allowed for under other items
Judge Blatchford here takes occasion to say
do not think anything should he allowed for personal
atsnsn The gwen t by Ha s "a" eas
hour actually and necessarily employed IN personal atte
Sn k sS eane G to Sa maae only When the Ms
himself In person. actually and necessarily gives MS ref
sona attention taking of the bAnArupts property
and that personal attention by deputy
JUDICIAL DILEMMA FOR THE CONTROLLER.
Judge Donohue, in Supreme Court, Cham
his decision yesterday on the taxation OF
costs in the of opening One-hnndrcd andtTcnty
irl-st from Eighth Nntli-ayes and from Tenthave
10 the Boulevard. The Controller objected to two iteIps
one SSH for surveyors fees and the other OF 1928 for
clerks fees Judge DOn0ue in deciding says he cannot
refer the question whether these ices are moderate ANA
propcr sine tine Con;roilc has refused to pay the ref
cree in recent OF similar character and Is within
the law III refusing. and no Ieferee VIII act nnaer ssn
circumstances lie IL therefore Olscd "a trust 20 the
atfdays which that the charges are WITHIN settled
principles aud moderate, and " tax them as presented
CONTEMPLATING CASES DELAYED.
The cases of Michael league, James Me-
Crath James Maler, and Michael Boyle, accused or
ceunterfitng the trade dollar coinage, were called by
Commissioner Shields yesterday. Assistant U. 3. Dis
trict Attorney Purdy who represented the Government
answered that he ready Int the counsel Tor INC a
ground that he had not had time to consult nth his
Clients Mr. Purdy consenting to the delay the Eases
xyrre until Wednesday, the Commas
sioner saving that she must then 70 on without any
further ADJOURNMENT being hfui.
CRIMINAL NOTES.
admitted to bail YESTERDAY in $1,000 Jacob Mich of No All
East Eigtiy fourth St became her surety.
John Carmichael, who was arrested for perjury
S% No se Sr M Gsr his .ur Ss maj
at dhe y a aSSy Jacobs Of S s ave- With
o. s2s hr a was held ~ 5000 sarcc r
M N"1 MsroS Sarfi No. az .t ftS with having
saned while his bakeshop The accused gave bal in
$1,000.