The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-23
BY TELEGRApH..
Chesapeake and Ohio Railroad Case

| BIZ IELEt4RARH.
Chesapeake and Ohio Railroad CASE
some Pertinent Questions Asked By
Chief. Justice Waffe-If ia inferred
that the Court VIII Dismiss the Case
The Opinion % be Delivered ON the
Sd OF January-John III. Fisher Ap.
pointed Receiver or the Richmond
and Atlantic Air-Lane I'm Place OF A.
|. 8. Buford.
Especial telegram TO tee Dispatch.1
ALEXANDRIA, December 22.-Tbe Chesa
peake and Ohio case was resumed this
morning. Ali Of Mondays counsel were
present except Mr. MacfarIand. Colonel W.
W. Gordon was also In attendance in the
interest of Mr.. Tyson. -
Judge Jackson,, of West Virginia, wa
present, before whom the other end Of the
case is pending. - esatGr. -, ~ z
Mr.. Smoot concluded bis argument.
Mr.. John Howard gave clear statement
Of all the deeds of trust, showing the eondi-
ton and Character Of the liens, &C., then ar
gued that the property and legal title, and
all the creditors being before t he court un.
der creditors bill, the New York trustee
holding only equity of REDEEM otion, are not
Indispensable parties; that plaintiffs have
no right to dismiss the proceedings when
others have acquired rights in them which
they wish to assert because q decree for re-
ownership took the property and prevented
a suit elsewhere, and would exclude them
from benefits unless participating. The
plaintiffs are in contempt in trying to GUST
the court of jurisdiction to which they had
voluntarily submitted because they bad fail
ed to get their wish. This court has right
to make proper parties, marshal creditors,
and determine rights.
Mr.. F. L. Smith followed, protesting in
the name of the creditors against dismiss al
of the case, or the removal Of the present
receiver.
Judge Marshall denied the good faith OF
the plaintiffs in the motion, and was very
severe on counsel (Macfarland), who had
first invoked and then denied the juri sdic.
ton.
Judge Crlmp, in behalf of large num-
Der of creditors (S1S, 0O0.0O0), asked that in
the doubt as to jurisdiction the cause be re-
mitted to the State courts, where the juris-
diction is unquestionable. -
Mr.. James Alfred Jones Joined In the re-
quest in behalf of his clients, representing
$500, 200. -- --.----- =
Judge Shipman, OF New York, first called
attention to the large interests concerned in
this motion. There was about $4,000, 900
against few thousands resisting. He de.
Tended the character of the trustees from ths
aspersions OF counsel. They acted in goot
faith, and did the best they could to save th'
property from railroad wreckers. They wer,
obliged to become parties before they could
move to dismiss. This Is no creditors bill
and the party holding the legal title, should
have been a party. Otherwise the road ma!
be sold by pieces, the creditors rights sub
verted, SO should Kitchen, holding legal titI
of that part east of Richmond. He repre-
sented honorably the original plaintiffs, ant
also the trustees, and advised the course takeI
because of bis belief Of its propriety.
The Chief.Justice here asked If the plain
tiffs would assume the responsibilities of tn
present receiver if the road was turned oyel
to them, and Judge Shipman replied tina
they would. ~ ~ - i.........
| . :. + tH .
The court said indemnity would be re
quired in that case.
Mr.. Eyarts concluded In powerful argu
ment upon the question of jurisdiction o
Federal courts as affected by parties, th
right of plaintiffs to withdraw, and the ma
ture of railroad mortgages.
The differences from Judge Waite's ques
tons are that the court will dismiss the case
Judge Waite stated officially that the opinion
would be In writing, and adjourned th
court till Monday, January Sd, at this city
when the opinion will be ready.
In the Richmond and Atlanta Airline
case, John Fl. Fisher was appointed receiver
in place of a. s. Buford, BY consent.