Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-01-03
The Chesapeake and Ohio Railroad
keceiyersh ip-..D Of the Case.


The Chesapeake and Ohio Railroad
keceiyersh ip-..DeclsiOn of the Case.
Pursuant 70 its adj ourument last mouth, the
United States Circuit Court opened its session
in this city at 10 o'clock this morning, Judge
Bond presiding. Chief Justice Waite was alb
sent, having been detained 10 Washington BY
other engagements. This day Was the time
appointed for rendering the decision OF the
court upon the great Chesapeake and Ohio
Railroad case,a full report Of the facts of which,
the legal questions involved aud the argu-
this paper at the time the case was heard. All
the counsel representing the interests OF the
various parties to the litigation were present
excepting COL John Howard. of Richmond,
aud MIR. MacF arand, OF New York aud occu
pied seats 10 the bar, viz: Hon. Wm. Evarts
and Judge Shlpmau, OF New York; Messrs.
Francis L. Smith and D. l.. Suoot, Of this
city; Judge Robertson, of Charlottesville, and
Mr.. Steiger and Judge Marshall, of Richmond.
Upon the opening of the Court Judge Bond
Inquired of District Attorney L. L. Lewis II
the grand jury we're 10 attendance upon the
term and that gentleman responded that under
the order of Judge Hughes the jury was sum
moned to the second day and would be called
tomorrow. The Judge then announced that
be would proceed to read the conclusions TO
which the court had arrived 10 the matter Of
Richards and others VS.. the Chesapeake and
Ohio Railroad. The opinion was mainly de.
voted to a chronological history of the suit aod
the successive steps that had been taken 10 the
cause from its inclpiency to the present time,
in reviewing which the Judge adverted TO the
previous decision Of the court refusing the APP
pcaton for the appointment OF Williams q.
Wick ham as receiver of the road pending the
litigation, and gave expression to the motives
governing the action Of the court 10 so doing,
aud declared that in selecting person to hl.
that position in the interest Of all the parties,
the individual under whose management the
affairs of the company had been brought TO
ruin did not commend himself to the court as
the proper person to receive such appoint.
ment. The opinion then adVerted 10 the large
interests Of those requesting TIE dismissal OF
the proceedlngs-to the suit OF the bondhold-
ers--the allegations OF the pleadiogs charging
default upon the trustees aud With retuslog to
institute measures to forec!ose the mortgages
at the request of the mortgages, aud the an-
swer of the trustees Calhoun and others and
their subst quent appearance as parties pIsla-
tiff in the cause which gave to them the con-
troll of the suit. The court recognized the
principle of equity pleading as 10 It's right u
control the htiga,ing parties and to dismiss
from the record those not essential TO the exc
cutting Of its DEGREES, but considered that to
effectuste the purposes OF the suit 10 torcc,ose
L.,a l.,a-
marshal the assets of the lnsolTeot corpora
ton and to sell the property and confer per
feet title upoo the purchaser, II would be DE-
cessary to make the co-trustee Orion party
and 10 do this would relieve the court OF is
jurisdiction he being citizen OF the State OF
New I ork wherein the plaintiffs reside After
remarkiog that the Chief Justice fully concur
red With the opinion be had delivered Judge
Bond 10 conclusion read the following order:
The court will make an order directing the
receiver TO settle his accounts up 70 day
named therein, and to make report thereof
TO The court up to that date whereupon ne Will
be discharged and complalnants be allowed to
dismiss these proceedings aud prosecute those
already commenced 10 the State court.
A discussion arose among the COUNSEL as to
the time when the present receiver, Mr.. ~
SOD, should surrender the control OF the read
10 UeQ, w lCkuau, WIZ las ueeu oppoiutVo
receiver By Judge Wexford nthe Circuit Court
of Richmond, ADD it vas mutually agreed be
tween Mr. Steiger, Gen. Wickhau and Judge
Robertson that the management would be re-
linguished By Mr.. Tyson 90 or before the Goth
inst. 1t was also understood that the same
proceedings which had been Instituted 10 the
United States Circuit Court for West Virginia
before Judge jackson concerning the portion
of the road lying 10 that State sb1u also fol.
low the course indicated by the decision of
judge Bond, from which it is utImated by
some of the counsel that an appeal viii be
taken 10 the Supreme Court of the United
States. The printed brief OF Francis l.
Smith, esq.,, of counsel for the bondholders,
contains we'll arranged and concise discus
sion OF the principal points relied on by those
adverse to the motion to dismiss, illustrating
10 logical order and thoroughly auayzlng the
legal propositions, and is we'll worth refer
ence BY those of the legal profession and
others for citation Of authorities and com,
prehensive aod Instructive exploitation OF the
controverted questions Ia the cause.
The court then adjourned until "Wednesday
moroog at ten O'Clock.
Several newspaper people from Washing
ton, Baltimore. Richmond aud this city were
present, expecting tc be able to obtain
copies of the opinion, but as soon as it was
delivered it was given to a c1lored man aud
sent off to job printer in Washington.