The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-16

The COMMONWEALTH VS.. JOHNSON AND
PoE.-The Circuit Court was occupied part
OF the Gay Saturday in considering the case
OF the Chesapeake and Ohio Canal Com
pany, the Commonwealth, against Messrs.
johnson and Poe.
| It will be remembered that the House OF
| Delegates ordered an Investigation into the
contracts and settlements of these gentle
men with the Board OF Public Works in
March. 1877; that Governor kemper ap-
pointed MesSrs. Field, Forbes, and Ssawell
as counsel to investigate the action OF the
| Board Of Public Works and the parties
named. and that they reported to the Gov
ernor that suit ought to be brought; and
accordingly suit was brought in the name
; OF the Commonwealth against them on the
| 9Th OF December. 1877. The writ was re-
turned served on General Johnson on the
7th Of December, 1877. Thereupon the at
torneys employed by the Governor flied
their bill against General johnson at April
rules. 1878, setting forth that the Board OF
! Public Works had exceeded their powers
in contracting and settling with them, re-
pudatins the action OF the said Board, and
calling for Il new settlement. TO this bill
General johnson filed his demurrer, plea,
and answer at June rules, 1873.
He waited until July to see il the State
would reply or take further proceed
ings, and nothing being done by the coun-
sci who brought the suit at July rules be
issued commissions TO take testimony. Du-
ring the summer he took testimony in 1lli-
nois and various parts of Maryland, and
matured his case for hearing. The coun-
sci who had brought the suit in the mean
time took 70 steps in the matter at all.
he 1,,y1 n,,1 -
Royail, counsel for General Johnson, made
motion before Judge Wexford to have the
cause set down for hearing.
The Attorney-Generui resisted this be-
cause he had had no opportunity to confer
with his associates, Messrs. Forbes and Sea-
well. Judge Wexford then adjourned the
case until December 7th, on which day the
Attorney. General asked that the matter be
postponed until Wednesday, December
18th, to enable his colleagues to get to the
city. On Wednesday they bad not both
arrived, Mr.. Seawell not having come, and
the cause was at his instance adjourned
until Friday.
On Friday all the counsel attended, and
the Commonwealth's counsel claimed that
the demurrer and plea should be first dis.
posed of before they proceeded. General
Johnson's counsel objected; that this de.
murrcr and plea ought to have been decided
in June, five months ago, il the counsel iol
the Commonwealth deemed it so important
but claimed that they should be disposed Of
at once. SO Saturday was fixed for the
hearing.
On Saturday Judge Ould stated that the
only object OF the plea and demurrer wa:
to protect the defendant from further an
noyanca and trouble about this matter, ant
to make whatever decision might be made
in the cause final. 1t had already beer
finally settled several times, and the oblec
of this demurrer and plea was to make thi
, final settlement final absolutely. The sui
was brought, be said, without authority o
law-the House OF Delegates alone OF
, dering the suit-and some future Leg
islature might repudiate the action o
this House OF Delegates, as it he'd repu
dated the action CT the Board OF Pabli
: Works and preceding House OF Dele
: gates; and besides that, the suit coul
not proceed until the Board OF Publ
2 Works was brought into court 10 ansWe!
. This suit was an attempt to imDeach thel
contracts, their settlement, and their actor
! and il they were not brought in now som
, future Board OF Public Works might rcpt
: diate the action Of their predecessors an
institute new proceedings, still further
5 annoy and harrass the defendant. Tn
counsel who brought thesllit, Messrs. Fie!t
E Forbes. and SeaweII, agreed that the Boar
; OF Public Works should be made part!
c but insisted that they had full and amp
9 authority 20 bring the suit. They elaine
! that the Acknowledgement had common
= law authority TO bring suits and bind tf
| Commonwealth whenever, in bis opiniol
q anv other officer Of the government hl
transceuded tie duties imposed on him b
!. an act Of Assembly; and the Attorne.
1 General having this authority was suiilclel
10 justify this suit.
r The result was that it was agreed TIL
e judge Wexford should enter an order d
recting the Board of Public Work ks to |
!, made party defendant, and he held Il
5 question OF the right OF the counsel to brin
dnl: rLiu ;snninnt