The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-10
THE COURTS.
Leasing the Blocker Street Railroad to the
Twenty-Third Street Road.
THE SITTING BULL IN WALL STREET
The Judicial Endemic and Judge
Monen's Successor.

1t will DO remembered tina. Judge Donohue recently
gave order permitting the Twenty third Street Rail-
road 10 take lease OF the Blocker Street Railroad
subject TO tho approval OF Court Tho subject Of
this lease for consideration yesterday before
Judge j. f. Day, holding Special Term OF the Court OF
Common Pleas, on motion TO continue an injunction
granted by Judge Van Brunt against the granting OF
such lease Tho complainant the is Alexander H.
Chsom, stakeholder OF the Twenty third street Rail
road. The complaint forth that Chisolm owns
twonty OF the 600 shares representing 5000 Of
the stock OF the Twenty third Street road and leave Is
asked for all other the stock DC made par
ties to tho In the complaint he set forth the IN
solvency of tho Blocker railroad, the numer
Gus suits pending against the road including one
brought by the State Attorney General TO declare GER
tain unused ranch oreited that tho act OF 1875
giving permission 70 take lease was one contrary TO
public policy and u violation Of the last constitutional
amendment, and that saod!ing the Twenty third
ROAD the debts OF the Blocker Street road
amounting 81 600 900 ana HoaIiue debt OF 100000
and additional Indebtedness not yet asccrtaned.
would utterly swamp the Twenty third street Company
and ruin the plaintiffs interest IN his STOCK An AFFIDAVIT
OF Mr. Sharp President Of tho Twenty third Street
Railroad read by Mr.. Bright in answer TO the com
plant II is set forth IN this affidavit that the twenty
hve shares were not held BY the plaintiff
but taken in his for the purpose Of
bringing this suit that defendants proposed to COM
petc OF the Blocker Street road that the
Central Crossown road and the plaintiff endeavor
TO prevent thein ana that by the terms OF The pro-
posed lease the defendants not only TO assume the
the Blocker Street road which 10 less than
represented but also TO guaraRco the STOCKHOLDERS
dividend 0: one and halt per cent A clear profit OF
$3.50 day could be made by the amalgamalion ALL
also read from Mr.. Tnurlow Weed and other
directors OF the company and from TWO stockholders
representing about 3O0 shares all declaring that the
proposed lease would DO Of great advantage 10 all
cerned and that they deeply interested III
the welfare Of the road than the plaintiff could possibly
be-
for the plaintiff that tod him that
to appeal from Judge Donohues order, Mr. Bright SAID
fthe appealed from the order OF the supreme
Court whose officer he Is he would very soon be re-
moved
Mr. stewart scpled that one Judge does at pres
cnt constitute the Supreme Court
Mr.. Bright commented upon the style OF litigation
carried on-for instance, getting one Supreme Court
Judge to check the injunction OF anoher-and finally
trying the Common Pleas TO review the action OF
the supreme Court The real parties, he SAID, did not
appear in the present silt
Mr. Stewart laughingly replied that thore was col
ored gentleman OF very large dimensions in The pres
ent
Indian warfare that being carried and that the
sitting Bull who directs the operation Is sitting in his
of1ce IN Wall street
The Court, arer hearing the argument, took the
papers, rescrving its decision.
BASELESS FABRIC OF A DREAM.
In Marine Court, Chambers, before Judge Sheridan,
yesterday, Mr. John L. Murray made motion in
based order Of Court alleged by him TO been
previously entered, and copy of which he submitted
part Of his moving papers. All went well with Mr..
Murrays argument until his opponent Mr. f. c. Dow
lin and read affidavit to the effect that such
order that which the motion was founded bad
ever been entered nor could any mention OF be dis
covered the records The affidavit OF Mr. Murray
the contrary, Mr. Devln claimed. only 'the base
less fabric OF dream, and must have been made at
time when the aitant either Temporarily insane
drunk With emphatic earnestness Mr.. Murray
replied that he had seen the original order with the
judges initials thereon, and how It not 10 be
the niles of the court was something beyond his COM
prehcnsion. He wanted, therefore, opportunity TO
examine the records and leave TO renew his motion
thereafter Judge Sheridan said, II such order had
been made must necessarily be matter OF record,
failure Of the clerk to find 1t satisfactory
evidence 10 HIM that IL did not exist The motion
thercupon denied without leave to renew and at tho
request oil opposing counsel the Judge further ordered
that all the papers the case including the copy OF
alleged order BIO deposited with the clerk OF the
olcl