The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-18

A Mennonite Emigration Agents
Suit Against a Railroad
BOOKS IN THE COLLECTORS OFFICE.
Suit for Commissions on Sales of Arms
to the French Government

The trial of an important suit was begun In the
United States Court yesterday before Judge Wallace
The action is brought by NJ L. Heller. in which he
seeks to recover Sl14,0O0 from the Burlington and
Missouri Railroad Company. of Nebraska, for SER
vices alleged to have been rendered by him for the
company as their agent in promoting the emigration
and settlement of Mennonites on land belonging to
the defendants, and also for loss and damage sus
tanned by him through the defendants breach OF
contract with him as such agent Plaintiff claims
that in November, 1873, the defendants en-
ployed him for period of five years at
salary of $4,000 a year and certain COM
missions on the work performed by him in
the first year, and for the remaining four years
commission only on the number of emigrants that
might settle the company's lands through his
agency, and further percentage on the lands sold
Or purchased by the Mennonite emigrants. He
claims further that he sold $1,000 acres within the
Hrst year, on which there is due him commission
of $4,000 and for the remaining four years he
claims a commission OF $4,000. On December 49,
1874 the defendants dismissed him from their SER
vice for alleged failure to carry out his part of the
contract The plaintiff yesterday testified in his
own behalf that he had visited various Mennonite
emigration committees i'll this country aud in
Russia, and had induced about two thousand Men,
nonites TO settle the defendants lands On
examination he said he a Prussian Jew by
birth. but was not now an adherent to that faith.
but UniverSaliSt. 10 Mr.. Choates inquiry he said
the only Universalist churches he attended i'll New
York or vicinity were Mr.. Beechers and Mr.. Froth-
ingham's he represented himself to the Mennonites
in Russia as Protestant; he never had been bap
tized in any faith, and the question of religion
never discussed among the people with whom he
associated On coming to this country he started in
the backing box business, taking up in success
sion the business OF spoon maker, pedler, dealer
in laces, banker, life insurance broker, and
finally partner with G. d. Richardson l.
Co. In 1870 he went into the employ
OF Jay Cooke Co., and had charge of the land Ge
partment of the Northern Pacific Railroad The de-
PENDANTS showed on further cross-examination that
plaintiff had suits pending against the Red Star line
OF steamers for $56.S00, the Pennsylvania Railroad
Company for $4,000 and leaders Of the Mennonite
body for $50000 all such suits. he claims being
for breaches of contract with him. and arrearagcs
due for his services. The defendants that he
was to give them his sole and exclusive services.
which they deny he gave, and they put in counter
claim for S31 900 loss and damage sustained by
them through his failure in carrying out
his contract with them. The agreement
referred to, 1t is claimed, signed the 18th of
November 1878, for five years. that the plaintiff was
to hire an Office in New York, at his own expense,
aud carry the business agent thereafter. This
suit was first brought in the Supreme Court and was
taken from there to the Court OF Appeals on tho ques
ton of jurisdiction. 1t WIS decided there that tho
Supreme Court had jurisdiction and then. BY con-
sent it transferred to the United States Circuit
Court. Messrs. Larow Il Madame and Mr.. Van Wyck
appear for the plaintiff and Messrs. Evarts, South
mayo Choate and Edwards Pierrepont for the de-
tome