The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-09-12
SOUTH CAROLINA RAILROAD CASE.
The Fight for the appointment OF q Re-
cciver Begun In baltimore.
BALTIMORE, Sent. 4. 1873

The case of Calvin Claflin and CYRUS
Gatewood of New York, John Parsons of
New Hampshire, Frank @. Eddy and
benjamin S. Hatch Of Massachusetts
and others, against the South Carolina
kallroad Company, praying an iniunc.
ton to restrain certsin holders of o. pcr-
ton 3i tie second mortgage bonds of the
Road from disposng of them, and an or.
der OF the Court for the appointment of
receiver of the Road, was Commenced
o-day before Judge Bond, of the United
States Circuit Court for the District of
South Carolina, sitting in chambers in
baltimore. 1t is charged by the plain
tiffs that the affairs of the Road have
been mismanaged, that it is insolvent. in
default of interest on the second mort
gage bonds, and that portion of these
bonds was illegally issued. A number
of parties are made defendants to the
suit, including the trustees of the first
mortgage bondholders, the People's Ma
tiohal Bank of Charleston, the Green
vile and Columbia Railroad Company
and others. The issue involves several
million dollars.
The hearing OF the case has brought
hither large number of the prominent
members of the Charleston bar TO repre-.
sent the various interests that are at
stake. Ex-Governor Chamberlain ar
rived last night from New York, and MIR.
y. =. Ccrbin csase this :saosning. Arch
,bald Stirling, Esq. United States Dis
trict Attorney here, had been retained
with them by the plaintiffs.
Immediately upon the opening of the
court, the question of jurisdiction was
raised: MIR. Chamberlain began to state
the objects of the motion, when Judge
Magrath, interposing, sale that there was
q preliminary motion that should Sc
heard, as it affected the question of iuris-
diction. The Judge. however. eli yed
Mr.. Chamberlain to finish, ard then
heard Judge Magrath, who read al elab.
ornte statement of the objections e .he
exercise of jurisdiction by Judge Bond in
tho notions asked for by complainants.
Mr.. w. E. Earle followed Judge Ma
grath, and argued strenuously against
the right of the Circuit Judge to hear
and decide the motion outside of the
State of South Carolina. Mr.. Chamber
lain replied, reciting the history of the
legislation in regard to circuit courts and
the issue of injunctions, &C., by their
judges from 1898 to 1872, and in the
course of his argument he remarked that
the plaintiffs had been fully informed
beforehand that the question of iurisdic-
ton would be raised by, the defendants
| and Informed by more means than one.
and that they were in consequence fully
prepared to argue the point. The Hon.
w. d. Porter followed, replying to Mr..
Chamberlain, and contended that it was
the object of the laws that justice should
be administered at homo. Judge Ma
grath here made the telling speech of the
day, following line of argui mt based
| upon the constitutional law, & I'D, after a
few concise sentences from Gen. Conner,
and brief reply by Mr.. Chamberlain,
the Judge adjourned che court nr.il Ii
q. m. tomorrow, when he will ren9er his
decision upon the question of jurisdic-
tion. He is confined to his bed tonight
with an attack of ague, but has sent for
papers bearing upon the case, and is
! studying it in spite of his sickness.
Bishop Lynch entered the court room
during the trial and, by invitation of the
Judge, took a seat by him, which he oc.
cupied until the Adjournment. In his
! argument Mr.. Chamberlain uaed the ex-
preston: - decision OF the Supreme
Court is as infallible AZ is O dogma of the
Pope of Rsme, speaking er-cctheird,' u
and looked directly at the Bishop
o'SlJ olS ouiIl'.u duu y uuBe loOnu turned
and bowed to Bishop Lynch.
Z, BALTIMORE, Sept 5, 1873.
The hearing of the South Carolins
Railroad case In the United States Court
was resumed shortly after IL o'clock thiI
morning, and Judge Bond at once dc
livered his opinion, reading from manu-
script nnnn the question 0ff Jurisdiction
| overriding Judge Afagrath's motion ant
ordering the case 70 go on. y. 5 ,t,,
The rest OF the day was cotlA> ned II
the reading of the bill and 70,
answers made by the defendaIt. Tht
court adjourned between and o'clocF
4 p. m.
/ Argument upon tho motion for re
cciysF viii Ue beguu tomorrow by mr m
Chamberlain for the plaintiffs, who vii
be followed by Gen. Conner, the arell
ment for defendants being closed b,
Judge Magrath. Speeches will be hear;
from two on each eide, but &c is under
stood that this means that two Of tn
counsel from each interest on the aide O
the defendants may argue
Judge Bond refused to consides q
; present. q petition presented by, Mr
0scpnror on behalf of the Bank q
Charleston to be allowed 60 interven
and defend the interests represented b,
non-morigage honda !, and he also feflseI
10 listen 20 the afiidagits OF Englisl
thSiders OF first mortgage bonds, ofiere,
I by Mr.. G. r. Wakes, who sought post
Z ponemens, as counsel from England wa
!, l-unyg on the Atlantic hither bound. Il