Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-11-24

rising barometer and hazy weather
VIRGINIA MIDLAND RAILRoAD.-The cas-
of John G. Graham ct al vs.. W. G., V. NJ
l. G. S. Il. r. Co., was called this mornin,
in the Circuit Court, Judge Keith presiding
and thereupon the petition of Z. V. Daniel. jr.
aud others, was filed by II. r. Garden. Tht
petition, which is quite yoluminous, might b
very APPLY termed an Indictment against all thu
parties to the suit, but more especially agaiDs
tho Baltimore and Ohio road and the Virgins
Midland. 1t charges thatthe deb. of the roac
is not so large as the bill AYERS, or that if it be
a large portion Of it was incurred for purposes
beyond the power of the road. That for years
!, has been managed by and in the interest Of
the B. & .. road, aud the funds applied to
that road that the officers of the road had held
for years their places by the appointment oil
that road, and had acted In their interest; that
the suit was collusve one between all the
parties, and was fostered and managed by the
Iirgala Midland roads counsel, though that
road was defendant to the suit, and therefore
il charges fraud 1t AYERS that the petitioners
rights cannot be protected in the suit as it now
stands. The petitioners therefore pray to be
made parties and have co answer to all its
charges, and that its rights may be protected.
that Joho s. Barbour may be removed from
the receivcrshlp, and one who has had 20 con-
uection with the management OF the road may
he appoioted 10 his stead.
Mir. G. NJ. Blackboard. OF Lynchburg, tor the
receiver, opposed the filing of the petition
upoo the ground that parties could not by Pc
,ition seek to establish rights in direct opposi
ton to the bill ia tho original salt and in which
petition charges were made against all the par
ties to the suit, which, il sustained would over
throw the whole suit.
Mr.. Green, of CIlpeper, followed on the
same side, coDteIding that the petitioners
sought to otStruct rather than forward the
settlement OF tn, affairs Of the road.
Gen. Payne, for some o! the trustees. and
as, for creditors OF the road, opposed the filing
Of the petition.
Uo!. john s. Mosby, COUNSEL for Graham,
followed, daaying any fraud or co!!us!on. aod
opposing the petition.
Gen. Field, representing certala creditors,
who had worked upon the road, claimed that
az money due for labor directly beneficial to
the corporation, and other creditors, they should
be paid, stating that, 10 the Chesapeake ana
Ohio road case, Judge Wexford ordered this to
be done. 10 the extent that the petition sought
TO restrain the receiver from paying these. he
opposed it.
Capt II. r. Garden followed, taking as the
line OF mis- argument the facts set out in the
petition, and contcndipg that those facts en-
titled him to file his petition, and have decree
10 conformity With the terms thereof. :,
L. T.. Smith, jr. counsel for tho trustees,
for them endorsed the receiver, and expressed
their satisfaction With his management OF the
road.
Mr.. Jas. NJ. Buchanan followed Capt. Gar.
den, denying that any good whatever could
fha n mt
but that, per contra, great evils might tol.
low. He asserted that under the man.
agement Of Mr. Barbour the road had not only
paid all its debts since July last, but actually
had surplus Of some 1000 to its credit aud
that the only reason assigned for Mr.. BIS re-
uoya is that be was Of the old management.
Mr.. Coghill vas tie next TO argue IN opposl
ton to the admission OF the petition Oh the
ground CT the efficiency of the present receiver
aud the interminable litigation that the allega
tons 10 the petition would lead 10 and Goa
tended that there waa 10. the least necessity
,lr fling the petition.
Judge Thos Smith OF COUNSEL for petitioners
followed Mr.. CoghilI, and argued for the ad
mission OF the petition in preference TO any
other proceedings.
Capt Garden closed the argument and re-
piled to the remarks of the opposing counsel,
and urged the filing Of the petition.
The case was then given to the Judge,
who refused leave to file the petition upon the
ground that under the present state Of the
pleadings the case is ready Tor decree OF refer
cnce to commissioner, before whom all credit.
ors will have az opportunity OF presenting their
own claims and contes,ing the claims OF all
Others The court was OF opinion that there
vas no ground whatever Tor the removal OF
Mr. Barbour az receiver.
COMMITTEE ON STREETS. The COMMITTEE
% Streets of the City Council net at the Au-
dior's Office yesterday evening, all the ncm.
bers being present. a sub committee was APP
pointed 10 examine and report some plan Tor
the abatement Of the nuisance caused by stag
nant water at the corner of Queen ADD Patrick
streel:. The question Of the Duke street re-
pairs camiog up. the following resolution, Of
iered by Alderman Strauss, was Unanimously
adopted
"Whereas, ~ az uct OF the City Council OF
Alexandria, PASSED on the 25th day OF july,
1876, the Superintendent OF Police was author
ICED to repave Duke street, between Columbus
and Henry streets, provided the cost shoniu
not exceed the sum Of $500, (the W. T., '.
VI. J. u. s. L. L. having previously agreed 10
transport over its line ell OF the material neces.
Sary Tor tue Improvement OF TUG sahc nee VI
COST and whereas, the city has incurred an
expense of $l35 10 material tor said street.
RtSolrea, That tic Committee on Streets,
acting by authority OF the City Council, agree
to contract With George W. Clifford for the re-
paving of said street, Tor the SUN of $500; the
,aid Clifford agreeing on his part to allow as a
credit on the said 500 the sum. OF $l35. ex'
pended by the City Council already 10 collect
log material for the Improvement of said street.
It is proper to state that the 81 SO alluded to
in the resolution was expended for The neces
sary labor at the gravel banks and for ca1tlng
the material after its arrival here. The propo'
sicn of the committee has been submitted to
Mr.. Clifford, and accepted by him. The space
10 be rcpaved is three squares long.
lMposlroR.--A man giving his name as
Captain IIaugdou, and claiming to have been
Ami