The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-06-07
A NEW REGIME.
GENERAL MAHONE RELIEVED OF
CHARGE OF THE A., NJ. o. ROAD.

GENERAL NJ III o n 4 RELIEVED OF
CHARGE OF THE A., NJ. & o. ROAD.
PROCEEDINGS IN THE UNITED STATES CIR
CUT COURT YEsTERDAY-CTIARLEs l..
PERKINS AND HENRY FINK APPOINTED
NEUTRALITY-SUSPICIOUS. EXPLANATION OF
CoUNsEL-A COMPREHENSIVE ORDER EN-
| TERED BY THE JUDGES FOR THE GUID-
-ANCE OF THE RECEIyERs-THE TRUs-
TEES OF FIRST MORTGAGES MADE PAR
TIES TO THE sUIT-PRosPECTs OF THE
| ROAD.
Before the United States Circuit Court
was called to order yesterday morning, and
Judges Bond and Hughes occupied the
bench, it was whispered in the crowd OF as
scmblcd lawyers that counsel had agreed on
Mr.. Charles L. Perkins, Of New York, and
Colonel Henry Fink, of Lynchburg, as Joint
receivers Of the Atlantic, Mississippi and
Ohio road. When Judge Hughes announced
that these nominations had been made and
confirmed by the Court, there was but little
excitement. The Judge, however, seemed to
be somewhat moved by tender emotions
when he uttered the voice Of the Court,
which relieved General Malone from posi-
tion obtained and maintained only after
many desperate battles before courts and in
legislative halls and committee-rooms.
THE coMPANY's EMPLOYEES.
Judge Hughes remarked that sthe fact
OF the appointment Of Colonel Fink, the
superintendent, will render it unnecessary
for the Court to Introduce anything into the
order rs to the present officers OF the road"
Judge Hughes stated subsequently to a
reporter OF this paper that the idea was that
Colonel Fink would retain the present prac-
tical officers Of the company.
Personal EXPLANATION.
On Monday, in discussing the payment Of
wages to laborers, Judge Shipman said ::
"What do charge the other side with is
not with unSelfishness that they did not pay
the iaborers, but for their impudence in de-
nourcing us because we did not leave that
clause in our bill, especially in view OF the
fact that they have paid 100000 in some
way, and have not paid them."
Yesterday Judge Shipman, addressing the
Court, stated that he had been informed
that the word "impudence," as used by
him, was construed by some as referring to
Judge Robertson. He could not leave the
city without correcting that impression.
For his good brother Robertson ne enter
tanned the greatest respect and affection.
The word was used in moment OF excite
ment, and he begged leave to take it back
and cancel it, and to substitute "ungracious-
ness" for "impudence."
Judge Robertson said that he was engaged
when Judge Shipman's remark was made,
and did not hear it; and when told OF it could
scarcely believe that it was meant for him.
! He reciprocated the kindly sentiments Of
Judge Shipman, and was gratitied that the
Judge had chosen to publicly correct the
erroneous impression perhaps made on
others.
THE DIVISIONAL BONDHOLDERS BROUGHT IN.
Mr.. Mcfarland said, as was intimated in
| their bill, time would come when the first
mortgages would have to become parties
to this cause, and he now begged that they
be made parties-defendant, and that sub
panuS be issued for them.
Judge Bond told Mr.. Mcfarland to have
the necessary orders drawn up to be enter
ed in this district and in the western dis
| trict also. ..-,.....
1t is considered probable that in the
course Of the proceedings the State will
come in or be brought in rs party.
The Order Entered.
The following is the order agreed upon
by counsel, and entered:
In the Circuit Court ofo the United States
for the Eastern District Of Virginia,
Fourth Judicial Circuit.-Francis Skid
du, William Butler Duncan, and Samuel
L. N. Barlo,o, trustees, against The At
lantic, Mississippi and Ohio Railroad
Company.
[Apri! term, 1861
Ihe motion for the appointment OF re,
ceiver in this case having been argued and
considered, it is ordered by the Court
First. That Charles L. Perkins, OF New
York, and Henry Fink, OF Lynchburg, va,
| be and are hereby appointed Joint receivers
of all and singular the mortgaged premises
specified and described in the deed OF trust
referred to in the plaintiffs bill OF COM
plaint, including the entire line OF railroad
therein mentioned, and all and singular the
franchises, lands, tenements, and hcredlta.
mcnts OF the said defendant company; all
and singular the books, papers, and records
thereof; all and singular the rolling stock,
tools, machinery, engines, and all other
personal property Of every kind and de-
scription Of the said company.
RECEIVERS BOND.
Second. That the said receivers before en-
tering upon the performance OF their duties
ms such under this order do each Of them
severally execute bond with sureties to be
approved as to form and suf1iciency by a
Judge of this court, and filed with the clerk
thereof in the sum of 100000 for the faith
full discharge Of his duties in the premises,
whereof they are said receivers.
DUTIES OF THE RECEIVERS,
Third. That upon filing such bond the
said receivers proceed to take possession OF
all and singular the premises whereof they
are hereby appointed receivers; that they
continue to run and operate the said rail-
road of the defendant as the same is now
operated for the common carriage OF freight
and passengers, keeping the premises and
property, both real and personal, in good
condition and repair, to the end that SAID
road may be operated efficiently and with
safety to the public; that they, as such re-
ceivers, have authority to employ, pay, ana
! discharge from time to time, in their dlscre-
ton, all needful laborers, servants, agents,
attorneys, and counsel; to purchase and pay
for all needful materials and supplies; to
settle and adjust with other roads all traffic
balances in the usual course Of business; to
make from time to time, in their best discre-
ton, all needful and proper traffic arrange
| ments with other roads for the interchange
OF business; to pay all taxes on the pro-
perty whereof they are appointed receivers
that may be due and payable, or become
due and payable, during this receivership; I;
TO prosecute and defend, without the fur
ther order of this Court, all existing actions
by or against said company; and to defend
L. I.S hr~xv I4YtNS