The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-06-06

! by Judge BOND, but nevertheless Judge
Crump read the petition, as follows:
! TO The Honorable the Judges of the Circuit
| Court Of the United States .fos,. the East
ern District Of Virginia:
| Your petitioners
| 1st. The Commonwealth OF Virginia, rep
resented by the Attorney-General of the
State;
I'd. The cities of Portsmouth, Petersburg.
and Norfolk, represented by their attorneys
respectively;
Sd. All the trustees under all the mort
gage deeds executed by the Norfolk and Pc
tersburg and the Southside roads, and the
sole trustees under one OF the mortgage
deeds executed by the Virginia and Tennes-
see road: and a majority Of the trustees I'M
der each and all Of the other mortgages eS-
ecutcd by the latter road, represented by
their attorneys; and
4th. 4 large proportion OF the divisional
bondholders, represented by their attor-
| neys-all Of whom are present in court
recognizing the fact not having been made
parties defendant to this suit now pending
before your Honors, they must invoke that
discreet on Of the Court which, in the eXer-
else of its equity jurisdiction, they feel as
sured will be asserted for the maintenance
OF right and justice, respectfully submit to
your Honors that they are deeply interested
in the result of your Honors' decision in
this cause, and pray that you will not grant
the relief which is asked. Ii, however,
your Honors deem it necessary to throw
around the property the protection OF your
honorable court, then your petitioners pray
that you will not disturb the present man.
agement of the road, but that you will ap-
point an officer OF the court to receive the
| ot ~ f1,o tn
burse the same under the order of this Court.
Thus, in the estimation Of your petitioners,
would the interest Of all be protected, and
the irreparable damage attendant upon a
disorganization of the company be avoided
And your petitioners will ever pray, &c.
George S. Scarborough, w. B. Martin-for
the cities OF Norfolk and Portsmouth !;
George c. Manard, Frank Clarke-for divi-
sional bondholderS to large amount, aS ap-
pears from supplemental petition herewith !;
d. A. Hinton-for the city of Petersburg !:
W. w. Gordon, w. w. Crump, George s.
Scarbrough-ior the trustees; Il. T. Daniel,
Attorney General OF Virginia.
OBJECTION FROM COUNSEL FOR TRUSTEES.
Judge Shipman and Mr.. Mcfarland held
that these parties, il they wanted to be
heard, ought to ask to be made parties to the
suit.
Hon. R. T. Daniel Acknowledgement OF
the State, made very vigorous and able AZ
gument in support OF the proposition that
q party in interest, though not an actual
and formal party to 4 suit in a chanccry pro-
ceeding where formal relief is not asked,
may have the ear OF the Court on petition.
He spoke in this cause not so much for
Virginia's pecuniary interest in the debt
due her as for her interest in the prosperity
OF her cities and OF this great line. If the
Court thought it necessary that the net re-
venues should be sequestrated to the bond
holders he eloquently maintained that 1t
sent management.
Mr. Mcfarland read from recent United
States Supreme Court decision to convince
the Court that thi@question OF practice had
been decided against Mr.. Daniels view.
Resolutions and petitions Of divisional
bondholders, and Of various cities, were
handed to the Court, and the Court took q
recess for half an hour.
A RECEIVER TO BE APPOINTED.
l. After the Judges resumed the bench
a short time to consider the very able argu-
ments of the counsel who have spoken in
the cause, and therefore has had 10 time to
prepare written opinion on the subject,
which would embrace a discussion OF the
views presented on either side. But we
have come to the conclusion that in the IN
terest OF all parties a receiver ought to be
appointed. While the Court always feels
great reluctance in taking the property OF
company out OF its control, it does so the
more in the present case because OF the fears
which are said to be entertained lest the
policy OF the State in preserving this rail-
road as q continuous unbroken line OF trans
portation may be endangered.
: Yet, as the receiver is but the hanfof the
Court. it will be in its power by proper IN
: structions to that officer to preserve the III
terests of all parties concerned and to see
that the creditors are protected, while at the
same time taking care that the objects OF the
State in establishing the road are secured.
The Court will endeavor to secure these
objects in its order appointing receiver,
and in any final decree which it may make
in the cause.
Judge Bond said: GAS no one in the in.
terest OF either OF the parties complainant
has as yet made any suggestion to the Court
concerning the person or persons to DE ap'
. pointed receiver or receivers we would Dc
glad to hear from Judge Shipman and judge
Robertson on the part OF the complalnantS
and defendants any suggestion they may
make as to their preference in this respect,
, atfirmatively and negatively, during the re
cess which the Court now proposes to take
; till O'Clock"
A further consideration OF this matter
and representations OF counsel for Yarlou:
interests, induced the Court to add to ths
names Of Judges Shipman and Robertson
Judge Crump and Mr.. Brown, OF Lynch
burg. and subsequently to put Mr.. Choatc II
place Of Judge Shipman.
The Court then took recess TILL = L. NJ
FALSE ALARM.
In conversation with a reporter OF thl:
paper, after the adjournment Of court, one
Of the counsel of the trustees declared tina
they had no purpose whatever to preven
the payment OF the wages Of the laborers
In common with his associates he ADMITTED
that it is the usual course Of the courts II
such cases to allow the laborcrs their wage:
as part of the expenses OF the trust, IN CON
sideration OF the necessity Of their service:
to the preservation of the property for th'
bondholders. 1t was their desire to see JUS
ticc done the laborerS, and they expected ar
early order TO be made for the payment o.
the wages due.
ANOTHER DISAPPOINTMENT.
The courtroom was crowded at O'Clock
but the judges and counsel were still lock
ed UP in the eonsultation-room, and there
they remained until after O'Clock. Coun.
sci at last slowly filed out in advance of the
Judges.
Judges Crump and Robertson looked "a
tigued and discouraged, Mr.. Choate wa:
smiling, and Mr.. Brown seemingly uncon.