The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-01
THE COURTS.
Important Suit Against the Northern
Pacific Railroad.
Criminal Business Done in
the Old Year.
The Tweed Case To Go on the
Calendar.


Another year OF work in the courts has been
closed, and judges ana lawyers alike lay aside
the cares OF legal routine for time to enjoy the
pleasures OF the holiday season. Very little ousi-
ness viii be transacted tomorrow, as the day
comes between two holidays which fact viii carry
ever large amount OF work TO Monday Mean
time the clerks are making up their records OF
the years work. In Supreme Court, General
Term, there have been 345 cases argued In Cham.
Ders an average OF 700 motions a month, and IN
the Circuits there have been tried 1865 Cases. In
the Superior Court Circuits there have been some
90 cases tried, and An average OF 500 motions
monthly In Special Term. In this Court there
are l,721 cases on the trial calendar for
she new year. In the Court Of Common Pleas
there have been 4,S85 contested motions in Cham
Ders u schedules in voluntary bankruptcy filed
and IS petitions and discharges uuder the Jour
teen day order. During the year 1893 cases have
oeen disposed Of in the Equity Term and ABOUT
oeo cases tried in the Circuits, or which fully
twenty per cent were suits against the city.
In June last the Board OF Police Justices dis.
pensod with the services OF Andrea Fontana as in
terpreter OF the Sixth District Police Court, and
yesterday Judge DonOhue, in Supreme Court, Cham
Oers. under an alternative, went TO restore him
ON the ground that the justices cannot renaoVe
any OF these O11cers except ga I'VE days notlce
AID opportunity to exPialn the charges. 10 THIS
the Justices rotUfueu tnaL Lney ulu remove Tie
Eeator, but abolished the Office The relator de-
INJURED to the return, and thereupOn the Court
decided 1t should not be discussed in Chambers
but in Special Term. The practice of discussing
questions involving q judgment in Chambers,
which 10 only branch intended for settlement OF
questions OF practice, should be discouraged.
Some sixteen years ago Acter Harris, exten.
Stve hosiery dealers, failed and made an assign
ment TO Mr.. A. Dibble. Previous to their failure
David l. Wintringham deposited some $4,000
with them. The assignee gave him a check for
$4,000 taking receipt in full, stating alleged.
that this was the best he could do. Mr.. WIN
tr1nRham found out, he claims, that there
money enough to pay him the balance, and this
being refused he brought suit against Mr. Dbble
for 81, 1858 49, the balance claimed to be due HIM
On the trial check was produced for the latter
sum and the money said to have been
PAID to Wintringham, but he denied
ever having seen the check until its
production in court. Judge Daily, in the Special
Term of Common Pleas, rendered his decision in
the case yesterday, accompanying the same with
an opinion. He closes his opinion as 1onows:-"I
am not satisfied with the explanation offered for
not sooner bringing this action II plaintiff had
not been paid in full he clearly had the right to
demand accounting from the assignee. There
u no good reason for his silence OF fifteen years.
His failure to make demands even inquiries OF
assignee
the latter from producing, If 1t were possible,
clearer proofs than he has Of payment"
NORTHERN PACIFIC RAILROAD BONDS.
0uIT TO FoRECLosE MORTGAGE TO SECURE IN
TEREsT-AN IMPORTANT CASE.
A petition and notice OF motion was made in
the United States Circuit Court Tor the Southern
District OF New York and filed yesterday by E. P.
Chapman, George w. Gibson, Catharlne Jackson
and Elijah Myers against the Northern Pacific
Railroad Company, Jay Cooke and William B. Og
den. The case promises to be Of great interest
TO all who own or possess bonds OF the company,
1t Affects their value a class OF securities
the action was originally begun in the Supreme
Court by Ela Myers, on July 90 1874 for the pur-
pose OF compelling the trustees OF the bondhoId-
ers, Messrs. Jay Cooke and william B. Og-
den, TO forecl0se the mortgages which were
Hfven by the Northern Pacific Railroad Company
70 secure the payment OF interest accruing upon
the same. The complaint in that instance re-
rs Sy ST bad SS as a' the
The complainant sets forth in his AFFIDAVIT that
he is resident OF Queens county, In the State OF
lew York, and that the Northern Pacific Railroad
-, and granted lands to aid in building ' rail-
fIge: Sound, on the Pacific coast, and that these
lands were duly located along the proposed route.
me plaintiff further rectes the TACT that Congress
authDr1zed the Northern Pacific Railroad Company
issue Its bonds for the construction OF its road
and secure the same by mortgage and Tor other
purposes, and the company was authorized to
mortgage all OF Its property, including the alore-
construcs its road Tne mortgage authorized BY
Congress was executed by the Northern Pacific
and j. Edgar Thomson. trustees to secure
the issue OF bonds hereinafter mentioned, and
which were issued pursuant to It's provisions and
reference Is herewith made TO said mortgage and
she same is hereby Incorporated In THIS complaint
rs II set forth ruly herein.
T,ho M cfota fhafo vp,tIi of
dollars OF he bonus authorized by the acts OF Con-
Rress were issued and sold upon the laith OF the
curty contained in the said mortgage ana the COW
enants therein on the part OF the corporation de-
iendant and trustees named and provided for in the
mortgage, securing interest upon bonds owned by
pi4intiis. 1t further appears that December,
1873, the company notified It's bondholders thai 1t
was unable to pay the interest due on bonds, and
the default has continued up TO the present time.
Besides this the trustees nave failed TO comply
with the require ments OF the eleventh article al
ready recised, IN entering upon and selling at pup
lie auction the lands referred to In the mortgage,
nor did they institute proceedings to foreclose the
30. IL also appears that the original trustees named
in the mortgage were Jay Cooke and J. Edgar
Thomson, but the latter has since died Mr..
Ogden was chosen in MS stead
In the first mortgage issued by the company it
was provided That ponds not TO exceed the sum OF
$780, 600 per mile Tor the $500 miles OF the proposed
line should be issued under acts OF Congress-, the
same to be secured by SAID mortgage. But 1t Is
claimed that the issue OF bonds has been greatly
exceeded, Tor In ma, May 1874. the company entered
or bonds, which Issue the Complainant
believes TO be highly detrimental the interests
OF the holders OF the original bonds Tor the reason
shat the company proposed to surrender TO the !
government ABOUT 50,000,000 OF of lands al
ready held to secure DoDdholders, contrary TO law
rs IL shown by the following extract winch states
shat ''a the right title, interest claim estate or
demand which the party oi the first part the
Northern Pacific Railroad Company now has, or
may at any time hereafter acquire, or In any way
become emitted 10, OF, in and TO all the lands and
sections OF land situate lying and being on either
side OF the said railroad and the branch thereof
Il located
in accordance with the acts OF Congress and the
supplements thereto In or through the states OF
Wisconsin, Minnesota and oregon, and the United
States Territories OF Dakota Idaho, Montana and
washington, making In the aggregate about
10000, 900 Of acres more or less.
The case Will, probably, assume considerable
importance during its progress owing to the gi
gantic interests involved. and the number or COM
mill IN Iurcr cn.. In