The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-16
Atlantic, Ezissfssfppa nnd ohio Rail-

The United States Circuit Court was
opened at 10 O'clock M. YESTERDAY Judges
Bond and Hughes on the bench. The above
case having been fixed for. hearing, was
called. Counsel representing the plaintiffs,
the Dutch Committee, the defendants, and
| the State Of Virginia, were present. - 81
Mr.. Mcfarland, Of corinsel for plaintiffs,
stated to the court that In accordance with
| the understanding at the last term of the
court, he then, in behalf OF bis clients,
asked for finna decree OF foreclosure.
he claimed that they have done all that was
necessary to entitle them. TO such decree.
I The Atterney. General 5of the State said
that by q very recent act OF the General
ASSEMBLY Of Virginia, approved on the 14th
OF the present month, twas made bis duty
to raise certain questions connected with
the present litigation,. witfla view to have
the constitutionality OF certain portions of
the act Of Ibe 18th Of june, 1870, considered
and determined iudiciously; that he desired
to bayei 10 done I'm this suit, ,and without i'm
posing any unnecessary delay SO far as the
decree Of foreclosure was concerned.
| The. question he desired to haye settled
gss g Ss Sc nsh ana & ths sessE e5
pany as authorized the Board of Public
Works to sell and assign to the Atlantic,
Mississippi and Ohio Company the indebt-
edness OF the divisional roads was not a
violation Of the 18th and DIST sections OF
the 10th article OF the State Constitution !;
and that for this purpose he thought it
proper that the State, upon. her petition,
should be made a party defendant, with
leave, il necessary, to file cross-bill; that
he had prepared Il petition for that purpose.
He then read the act Of the General Assem-.
bly, directing him to take the proceeding
and the petition.
Mr.. Mcfarland resisted the filing OF the
petition upon the ground that the State,
through the Board OF Public Works, was
already before the court, by its answer and
by service Of process en- the Attorney-Gen.
eral, and while he should oppose any order
making the State 4 party ut this time, he
would concede to the Attorney the
right to take any proper exceptions to the
Masters report, in orderto raise the ques'
tion referred to.
Two or three short speeches were made
by Mr.. Mcfarland and General Field, when
Judge Bond announced that the Court, fol
all purposes Of litigation, considered thai
the State was then properly before the
Court, and did not deem it necessary tc
have an order now admitting her; that the
time for filing exceptions to the Masters re-
port had passed, yet it was within the dis
cretion OF the Court now TO allow eXcep
tions, and that the Attorney couc
prepare and file such exceptions as he deem
ed necessary to raise properly before the
Court the question aforesaid. The At
torney-General thought this sufficient, bn1
asked the Court to note in the decree thai
the petition was rendered for the purpose
aforesaid. The Court said it would do so
Exceptions to the Masters report, and
matters pertaining TO the contemplated de
cree. were discussed by Mr.. Mcfarland, OF
New York, Major G. S. Stringfellow, OF Pc
tersburg. and Colonel w. W. Gordon, o1
Richmond. About half-past 2 O'Clock Tho
court took recess until I, when Colone
Gordon concluded, and was followed by
Judge Green and Mr.. w. w. Henry. Mr.
Choate had the floor when the court adj
journcd to meet at 10 O'Clock this morning
Before the adjournment last night Attor
ney-General Field filed his bill OF eNcep
tions, which was read. He expressed his
willingness to submit it without argument
but would speak il the court and counse
for other parties desired.
4 a It IL prcbable. that-the case, upon. all tht
exceptions, will be disposed OF to-day, ant
unless some cause to the contrary is shoWf
a decree Of foreclosure will be passed.