The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-04-14
rcommunicated.l
Atlantic, MissfRsipDt and Ohio Rail-
rood Company.
: rs: ...-. = .-,-.,..,- : Ill.

WHO WILL APPOINT TIE RECEIVERS!
. Tbs question Of jurisdiction obtrudes
itself as the threshold of discussion. It must
be met and considered with the respect and
Difference due to the tribunals which will
shortly decide It. Ought the suit to be In the
Circuit Court of the United States, or. In the
Circuit Court Of the city Of Richmond-be-
fore Judge Bond or before Judge Welltord !:
The eleventh amendment to the Constitu-
tion of the United States says that - The ju.
dicial power of the United States shall not be
construed to extend to any suit in law or
equity commenced or prosecuted against one
rof the United States by citizens of another
State, or by citizens or subjects of any foreign
State" The statutes of Virginia distinctly
provide that the Circuit Court Of the
city of Richmond shall have exclusive juris-
diction of all suits Ia which the State, or for
the present purpose her dlter'ego, the Board
of Public W orks, Is or must be made neces-
sary or proper party defendant. Therefore,
if the suit be one which, according to the
rules and practice Of courts of equity, cannet
be properly proceeded in or prosecuted
without requiring the plaintiff to make the
State party defendant, it may be inferred
that Judge Bonds court has not, and that
Judge W ellferd's court has, the jurisdiction
of it.
The organization of the Atlantic, Mlssissip-
pi and Ohio Railroad Company is complex
and unique. The relations created, the obli-
cations imposed, and the rights established
by the acts of Assembly, deeds, covenants,
and other contracts, connected with the his
tory of the company and its subdivisions, are
so numerous and complicated, and embrace
so many classes Of persons and interests, that
there must arise occasions on which parti-
cular plaintiff seeking special, temporary, or
ancillary relief, should be heard, without
gexIng The multitude who, as stockholders,
or bondhelders or otherwise may, and doubt
less do, have some interest IN every matter
that concerns the company.
The frst declaration Of trust contained In
the deed to Skiddy, Duncan, and Barlow Is
in these words. 5-.c. t-s@ s..
!" II default shall be made In the payment
of the interest coupons upon any of the
bonds then outstand ding under this mort.
gage, on the demand of the bona tide holders
of said coupons representing at lesst one
fifth of the bonds secured by this indenture,
and ninety days after the said demand, the
aforesaid trustees or the survivors or sur
givor of them, or their successors, shall
enter upon and take possession Of all the
aboye-described property, franchises, and
lines of railroad, and by their agents duly
appointed shall direct the management Of
the same, collecting an income and receipts,
and after defraying the necessary and proper
expenses of operating the said railroad of
the said company, shall pay from the pro.
eeeds thereof all the interest then due and in
arrear."
Upon a bill properly framed, alleging the
default, the deasnd, and the lapse OF the
ninety days aforesaid, and praying the court,
by the sanction of its order and the presence
of it's officer to enable the plaintiffs peace
ably to enter upon and take possession of the
premises, and by its supervision and direc-
tions to instruct and guide the trustees in
the performance of their duties, 1t Is difficult
to see that ANY OTHER PARTY besides the
grantees and the incorporated grautoI in the
deed, has the right to intervene. Possession
of the road might lawfully be transferred
simply upon the demand of the trustees
and its surrender by the president and direct.
ors without the interposition of court at
all Entry might be made and possession
| taken by the trustees under the protection
of any ordinary conseryator. Of the peace
But such things are preferably done under
the orders Of q court whose process runs
throughout the Commonwealth, aHd which
has power to punish disobedience by i'm.
prisonment for contempt. The court and
its receivers whether the trustees or other
persops) would be in possession, under the
laws, as fully, to all intents and purposes, as
ever were the president and directors. There
| would be only CHANGE OF ADMINISTRATION,
- CoNsoLIDATIoNIsT.