The New York herald., 1875-10-09
Important Order in the Erie Rail
way LitigatiOns.
No More Legal SkirmiShing or DilatOry Mo-
tiOnS in the Tweed Suit.
Verdict of Murder in the Second
Degree Against Rex.
SENT TO STATE PRISON FOR LIFE.

Hcstcfudy Dy Jhube DouOuue, OF tue supreme NOuTb
Ths order has reference particularly the thre
suits known respectively The People OF the State
New York vs.. The Erie Railway Company and others
@. Bancroft Davis, trustee, VS.. The Erie Rawa!
Company and others and The Farmers Loan and rrus
Company VS.. The Erie Railway Company and J. Q. B
Davis and others. All the points in controversy in
Volved in these suits have already been given in tn
HERALD and well understood by tn
public. To Judge Donohue there has nov
been submitted affidavit of Mr.. c. G
Barber the present secretary Of Mr.. Jewett receve
Of the Erie Railway Company, and for some time pre-
the secretary Of the various presidents Of The
company. IL opens new epoch in the suits named
and will be seen has been made the basis Of an
order looking to the representation Of the foreign
stockholders, to the gradual extinction Of fraudulent
claims against the company to abolition Of the receiver
ihp and resumption Of the management Of the road
by the corporation. Tho following however, is the
Anldavt which explains ITSELF
SECRETARY BARRIERS AFFIDAVIT
City and County Of Ne1o Fork S. C G. Barber,
being duly sworn says that he is, and since the a
pontment OF Mr.. Jewett as receiver OF the Erie Rail
way Company has been, the secretary OF that olcer
and has for several prior been secretary of the
President OF that company and is wen informed as 70
the residence and ownership of the stock and bond
holders Of that company and on information and belief
ne AYERS that majority oil the shares o tne
stock that much the greater portion OF the shares OF
The common stock and about nnetenths OF the bonds
upon which interest is in arrears are owned and held
In Great Britain and in like manner he further states
that the and holders OF said stock and bonds
held and owned abroad have sent to the United States
members OF q committee by them selected, Of
whom Sir Edward W. Watkin is chairman
and for whom Mr. John Morris, solicitor
he, in London both OF London is legal adviser, and
that tu conference with the receiver Mr. Jewet
the future management and organization OF the
Affairs Of said company, they and the said receiver
reached among others the following general conclu-
sions which said Jewett as the oficeT OF the court
deems his duty to bring before the Court Tor any ap
proprate sanction instruction, viz -
Ftrst-That the receiver should give to the commit
zee his views proper scheme for the rearrange
reorganization of the affairs OF the company
Sec0d-That bondholders whose interest Is IN arrear
ought 70 have voice to the expenditure Of net
Earnings otherwise applicable 10 interest that may
need TO be expended during period default may
continue while the affairs OF the company are being
placed in that condition which will authorize the ter
minatIon OF the receivership
TlrThat such voice might be practically expressed
through representative committee Of the last named
bondholders or Of the said bond and stock holders
whose advice the receiver should consult to the
pendture of the last named earnings
Fourth-That the last named committee should do az
they may lind needfu open an Office IN the city Of Lon
don for The transaction Of business connected with the
affairs Of the said expenditures and with the measures
for the management or reorganization aforesaid the
proper expenses OF which oce the receiver should pay
from the bonds of his recevershlp and that the re-
reiver tranAmit monthly that office statement OF
earnings and expenditures he may ind practicable.
FvA-rhat it Is just and expedient that at least
those bondholders whose interest is At any time IN
should be allowed 10 vote, and that II is desra
amended as TO allow such voting, and that in the
meantime all such proper measures should be encour-
aged by the receiver with view TO their becoming
part OF Encouragement or reorganization as will OBJ
Btruct mere spectators voting and combinations, and
~ the same time encourage steady and honest repre-
Bentation OF the bona e stock and bond holders who
may be entitled TO vote.
Sizpl-That II rs proper and would be advantageous
10 allow the stock and bond holders residing abroad
some representation from their own numbers in the
Board " Directors the laws may be SO
amended permit the election Of = limited number
NJ nnn resi- Rfpnl
Sevead-That the receivership should be terminated
practicable by negotiations II possible by
foreclosure Unnecessary, that the company be
heved unjust and fraudulent engagements originating
IN the abuses of past management and It's affairs can be
placed in condition TO be safely, prudently and ea-
ciently conducted by corporation
EtghLh-That 70 facilitate the carrying out the meas
which these conclusions contemplate, Mr. Morris
should be associated with the present legal advisers OF
the company and with the counsel OF the receiver and
be regarded one Of the legal advisers Of The under
taking
And deponent further saws that he has read this am
davt TO Mr. Jewet the receiver and is desired by him
20 present the same 10 the Court for such sanction
instruction to the matters therein the Court may
deem proper to give And deponent further says thai
the interests involved very large and complicated
reasonable precautions taken TO aay the jealousy
and 70 give fair representation TO the interests and
wishes OF the foreign stock and bond holders there may
be needless and expensive litigation which said con-
sworn, &c G. G. BARBER
ORDER yUDcE DosoHuR.
Making the above affidavit the basis, Judge Dono-
hue yesterday granted the following order which also
self-exphnatory:-
On reading and fling notice OF motion for this order
with proof of service thereof you the attorneys for
plaintiffs in the above entitled actions and for the
PENDANTS who have appeared therein respectively and
motion Of Mr.. W. MacFarland, Of counsel for Hugh
J. Jevett Receiver &C. no one appearing 70 oppose it
Is ordered that until the further Of this Court the
receiver Of the Erie Railway Company be and he s
hereby authorized in prudent and proper not
inconsistent with his general duty receiver
such action as he may deem advisable upon the basis Of
the conclusions and accomplish the purposes set
forth in said affidavit and make the proper payments
thereby made necessary. CHARLES DoN0HUE
II will be seen no opposition was made to the above
order that is far presume that its directions viii
at once be carried out without opposition.
THE TWEED SIX MILLION SUIT.
Really the sharpest, though at the same time the
shortest and decisive opinion given BY the su-
preme Court General Term Judges consisting OF Judges
Davis, Brady and Daniels, that contained in a sup
Elemental opinion given yesterday by this Court The
opinion upon tho KIND OF order 70 be entered upon
The late decision Of the Court affirming the order OF
Judge Barrett refusing the order Of arrest
against Tweed or TO reduce his bail IL will be seen
that the Court expresses determination 20 put end
y legal skirmshing and dilaoy motions and have the
brought speedy trial The following is the
opinion
Per c1riau.-rhe stipulation given by plaintiffs attor
related in 10 that motion and ebnoxiousy
gwen 70 meet tho contingency Of denial Of the motion.
That stipulation was superseded by an order adverse TO
plNntns, and which extended the defendants time Ito
answer, demur or take any other action 70 which he
msht oe entitled until twenty days alter the service
~ an amended complaint and OF the bill OF particulars
Lhat order has bcen wholly reversed this appeal
Ihere Was no stay of plaintiffs proceedings by the
der and the strict legal result h that the defendants
time 70 answer Or demur has expired The opinion Of
the Court on the appeal directs that he have FIVE
days 10 answer, alter the service Of the or.
der TO be entered thereon. TIE defendant now
asks 70 have inserted in the order a pro.
VISION 70 the enect that he may answer demur or
take such other action be was entitled to uhen tha
motion was made. Every conceivable meritorious
question ol law Or Tact IN the can be raised nv
answer. The public interests and we thing tbe trne
interests OF the defendant, require that the war M
skirmisbcs should terminate in decisive trial az the
merits We have the power 70 compel this now And
deem Il our duty TO do a contrary course
opens the door 70 every form Of legal strategy Ia ~
displayed in dilatory pleadngs, technical MOTIONS ana
evasions Of the huai issue to indefinite period
Meanwhile the defendant may ia jan untustlv