The New York herald., 1878-03-14
Objections to the Acts Of Re
ceiver JeWett.
III 1 S A N S w f r
The Referees Rulings on Messrs. Arden
and Green's Motion.

1871 and TO the receivers accounts or January, 1878
These objections presented by Mr.. Henry Arden
and Mr. Ashbe Green, who appeared for William Gag
GEL Charles Zagge and George Talbot, who are judg-
men creditors receiver represented by Mr.
Alterbury, who offered answers the objections Mr.
Hensbaw also preseul behalf Of the Farmers'
Loan aud Trust Company. A long discussion was
held on eacn objection and the corresponding an-
swer. It was at first supposed that testimony would
be taken reference TO the questions raised, and
Msssra Green and Arden offered TO produce such tes
tmony, but, after listening TO considerable argument.
the referee decided that outside Of his jursdc
ton to listen such testimony in reference TO one
objection TO the accounts When he should be called
upon listen TO il relation 10 the ''acts and do
ngs he would decide to the proprioty OF in that
relation. On another objection no decided to hear
testimony on certain points.
Tux OBJECTIONS.
The objections to the accounts, as filed, were In
substance as ioows:--
object of the National Stock Yards
addressed j. H. MacPherson and the payments Of muney
thereon , the that the labor aud services for
paid the amouns paid therefor, perform
NO S saa willing pay
s ssss ty Ike for upon s
ss a %ofss & 1 tor the E shs oG% s
time Of such payment and at the time said interest ae
h h ssys pa
said interest," tic said indebtedness s remain.
receiver any coupons interest said hrst eonso-
ne as % ap Dad now s
padso w.t. tue which became due
2In 's y o IN o
G aaa s s re- S .ns N ap 10
y 1873 for the reason that said matter and work so FUR
and $ !" 10 him sss for
pensaton us receiver Tor ,hs month q Desemosr,
IL amount 70 the Erie kai!wsy Oomp.ny. and
should retain Tor bis own use the SAID ouni.
object 70 The made IN ana IN the
the city Of London which payments were unauthorized
object that portion Voucher No. III in favor Of G.
Which the y sS 70 him Of
Krie Railway Company 70 eertaea.ss .ss 81 stock.
object the payments railroad eompsnies for
traffic balances aas 10 them Fsspsetvsy tor .S
the referee that said balances are correct and
Na,way which forms largely said trade
g ,G :, Z. r.s Of h
Of tor frexht ears as per contract Of October l3
unproAbe TO the estate OF the recsivshD.
ana s 10 s 70 re- I Is % q ' Lee and
Mcclure for sds BY them in the oreclosure
Railway Company and others tor the reason that the
sam. lorssn 70 the duties s the receiver and the pay
object to the payment TO D. B. Eaton Of the sum Of
for seven months May 10 to December TO- 1871 and dis
Fst hat the said services were not worth the amount
Second That was improper that said Eaton should be
Has Eaton defendant Of the suits in Which SAID
receiver appointed and Is counsel for Davis the us
cSef sS Of hy the a ' IN wRs .s Ss
,n. to 80 Jewss should pay
that said Eston should receive said moneys for alleged
ts.oaistic those assumed BY him Tor other parties
Aa 'as o ho .s @ sy
been employed before the suE.s M OF said Eat9p
object to the moneys paid for miiease Of the Standard
way that the is paid under agree
mont which onerous unprontsbls and wrongful 10 the
object the pa, mcnts made for rebates ana
made Do a 10 ns Ds
tween the shippers 70 whom the same were paid and she
object certain payments made various parties for
the business upon property cyered by
the otEass sought to be be ,oreo.od - by the Farmer
M those portions Of the SAID account which do affect
oOec, to payments made Of the various amounts
for the reason that the receiver In TACT ga not pay tho
ns@so TO those 'a' gave them his
should been PAID cash by tho receiver with
which ho had Ia his hands applicable thereto. and
Srss eoasod..sS mofsSsss the Erie aaway co%psny
ocsc. voucher No. $751; in favor of Joseph Richard
Of on the that The
T TO soash sni dnss So 81 s 80 sSa o tho
favor Of the Grea. wssr. Dssosssh ana the latter in
mens the said Great Despatch
which act merely PARASITES or lceches upon the roads
which form them whose accounts are ansuded BY the
apls ana existence should wiped out.
e s .s s % V sn ss ON %
that said and the ownership Of by said
ty receiver and the other companies forming dos
despatch lines iargeiy Indicted to SAID receiver
object 10 vsroa; G !speehsO items for the rs",on tina,
the aud dons Of the receiver which resulted in the
acge that Large portions Of said receipts
'i ass sfS. o
object ths pay tolls Tor tho res.on nat the wages
market value OF their services.
OTHER OBJECTIONS.
Other payments were objected 10 on apparently
technical grounds
As 10 lhe .'scts and doings" Of the receiver Mr..
Arden, behalf OF his clients. objected to the
aud OF his accounting to tho referee, alleging
that the journal entries and the papers thereto at
tachco, which he furnishes referee, the only
evidence Of his acts whioh he gives. Aud he asks
that the referee drec. that all the papers
winch contain the original particulars and
items upon which said Journal entrIos are
formed shall bo placed before him Ior his
own Inspection before he passes upon the questions
submitted 10 Lin Tor approval or allowance he con.
cudes-i further object 10 this accounting, for the
reason that am not allowed by the referee TO
examine the Witnesses whose dspUsions are received
by HIM evidence IN the proceedings on the part OF
tue receiver ard others
THE RkcEIvER's ANSWER
Tho OF the receiver TO the objections OF Mr.
Arden to the accounts specific 10 every instance
and their nature 10 sufficiently indicated by his
GLIDING paragraph, winch reads:- For iurtber and
general tho several objections made the
ceiver says that the payments Opjeced to nave all
been made IN accordAncs with his best judgment IN
the management oil tile estate, aud that Ia substance
and form thy are payments urtumary and usual
the management aud operation 0f a railroad, and
In general conform IN method rate and OBJECT TO the
payments made iUr more than two years past by tho
receiver IN his management oi the estate o The Eric
Railway with The continued approval oil tins Court
to the objection 10 his acts aud doings he
all the books, papers, &C., and all evidences Of
and doings are NJ ali times subject " the
aud disposal vi the referee.
The objections were discussed one by one, but not in
the order which thcy were presented, and IN Two
Instances the referee decided the motious made, be-
pdes decla that the general which the
nclIdes VI