New-York tribune., 1878-01-19
FIVE MOTIONS IN ERIE SUITS.
ALABYRINTH OF LITIGATION.

THE SALE ADJOURNED FOR SIXTY DAYs-ATTORNEY-
GENERAL sCHoONMAKEE's PosITION-A NEW
SUIT BEGUN.
The litigation over the Erie Railway came
up IN ye distinct phases before the courts, yesterday
First and perhaps most important, as there are now
four motions before Judges Brady and Daniels yet
undetermined involving the validity OF the decree in
foreclosure the sale which had been advertised for Mon
day, January 81 adjourned for sixty days by sp-
ulaton among the counsel, with Judge Brady's ap-
prOvaL
second-Judge Barrett gave the Farmers Loan and
Trust Company extension OF time to answer one OF
The minor suits
Spencer the referee for instructions whether he should
require Mr. Jeweit 20 account fully IN The Peoples suit
Attorney General sohOonmaker having resolved to pre-
sent another question TO the court, which might obvae
The necessity OF any further instructions.
FOURTH. A. Redheld moved, on behalf OF the Erie
Railway Company for order discontnuing The Peo-
pies suit on the consent OF Attorney General Pratt given
In December. 1875. but which order was ever
entered Peter Olney. appearing for AttorneyG cncra
sehOOnmaker. read letter from him, In which he wrote
"My attitude IA passive, waiting an adjudication by the
court upon the facts Tor wnieH others ar, hfe ,s, re-
the action Of the court by making any claim or chpt
Ing any preference" Judge Barrett sad l. not ine
Attorney bound 70 say whether he opposes ili'
moeonl lie puts the whole thing on the court. ne
mus sy be does not want the motion gsed & U ascHV
General further and after some objections from Nj Red
held and Aslbel Green, Judge Barrett ADJOURNED tho
fnh ard la, Judge Barrett granted leave yesterday
70 make Hugh Jewett. as receiver defendant ~
suii brought by Charles Potter and oihcrs against hr
yoHe't PER onally the FarmoTs Loan and Trust Conn
Ilny a. trustee Of the cons slid1ted mortgage J. G.
Bancroft Davis aud number of others There nine
pialnfi., one being James A. Reilly, James MclIeufys
sRnt who swcars To the cOmpliut Tney sac as stock
holdors owning over 1000 shares. on hrhalf oi
uense7es and other stochhoidtrs; INC com
plant livcs "A history ~ the Erie Railway Com
pany, Lat ana history OF fis bonded debt, aud
thai on May 20. So its funded debt was 100
% sxclni.ng the second copsohdattd m0Ilgagc' 49,
Wllvl Ihe total interest charge was T3'M%'o1b -
MWhch s2-2..32O was payable IN gold Tie calhtai
s'ct was - 6"17UO preferred, ani c,HOVOODO 0i com
mon stock II doing profitable business ana earn
hs more hnu enough o. pay all ~ interest cieldl
s-inate OF s property rcconiy placed us value at over
estvDpnop, far beyond the bonded debt
Tue complaint recitcs the agreement Of Mr. Jewct Tor
$4,000 year salary, aud Says 10 WAS kept secret from
amaOFtY of the director aud fraud the stock
holder and not arranged with james MclIeury. ~
asssfis that Mr.. Jewctt bad only 2Ol sharCs 81 stock
and ten "a the drccOrs Inc uding Thomas A. scott had
gence, obtained almost absolute power IN The direction
1hs eouplant alleges that n order 60 continue himself
IN control of tc company, and 10 make money by dcl-
hg it, stock Mr. Jewo determined 10 isr 10 involve is
ahtrs In Litigation a. virtually u remove rs control
iom the company and through an afrangolnent with
nuofney General he had himself appointed IocciVer
short" sales, based on the coming appoint
ansaetion and 900 In anotbcr besides other large
sums 10 gives at length the history Of the foreclosure
salts attacking them for the same reason. a. Ia the
other proceedings recently argued. IL charges that
many Oi Mr. Jewetts contracts wasienl aud that
~ laying the third rail lac Ovcrchargcd ss1UOo, ana that
~. manasemcut generally has been "as,eiui and eK
IL asks the vacation of the decree In foreclosure and
receiver be declared void aud be 6e removed aud re-
qured 10 accounts that h executory contracts can
suit Eilhu Root. A. J. VaDderpooi and Ashb Green
are the attorneys and counsel for the plaintiffs.