, 1879-03-04

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turn dsy ttereos tho tensnt, Walker, saw Judgc
nto1eeit, mud aatd 10 lin that tio wantod bon,o
protection In the matter; that ho had loaso from
tho 1leeotsrt. approved by Iudgu f1Iodgolt; that
h,a bns,rets was us such character that he cona
not a,oye nut, an.1 That Id was opposed 10 tho
elevators roIng through Tho room, 10 which thc
JuRe replied ll,at Walkor should not atand In tho
way os tho Improvement, and 1t he did not permit
It to 70 an poacaaby he woutd tarn him ont; that
on Tho return uay Of tho ru]o Mr.. Nalkor appeared
In court, by tts counsel. and
MADE nHsroYaH rrxnrrn.
exhibiting h.s leaso from the RECEIVER. npprovca
t,y Jha tonrt md rfnni,n1 an thc 1crai tIcht not
to bo iitn,urbca In his posscss.ou during hts tsrm
Judae Djodsotl. howevcf. n,at1o thu following or.
der:
.t1tx,rpn ar.rr. c,nrr,,r farms Nonru.
rsr ttsTnrr ~ r., ,rnts rno,asv ~, %
4. D, 1s7s'-r,o.snt. tho ,son. Msntx ". Mod.
vn,t rinr1ct 1na1e ,;no,v nn,si.o ~ II ~
Mtnry #. iIonore NJ n, In ennnrory % iso,,ert ~
IIrmsn. IT,, An Receiver herc,n In I'm m,ttrr AZ
thc ruio enterch aun,nst fnnra, II W.,tnr. Inn.
ant o{ Noo No. IN tho Ilonoro 1}ock. uu{t II an.
noarln, ~ she conrt t,st nli wallis, ,v&s m n,
tsth ,nst. dnlv t.ryea sv,l, . ennY ~ ths n.;,nr
heretofore entered ,,cro,,,, requiring him to ehow
cause. e,c.. and Walker having failed to sbow
cause within tbrco daYs sorecabiY to sa,d oraer, Il
ID. thHF4EDfGs 0f4CfGH anu directed that tho HtA
ccisof hare 1cAyp to onter into said Rppr, t. aud
with atl the f,oceseary aid propor aid aud aspstanco
to construct through tho taiJ topu,, with a1 con-
ycnlept speed, md without ac1ay, The psopcy IN.
purtennnccs tut tho patttne Ia and opaeattuz Of an
c.oyator, nnd aald Walker is dircctcd to offer no
fcslatance or impeachment thereto, and tho gucstton
ol compensation to bo a1,onoa to the said Walker
In that behA,r Is hereby reserved tae the further
confederation Of the Court, and the sad Walkor Of
yf-.s 49,. G..& &L.$
hohalf III oceaaion may require.
And what took place In carrying It out ia tcated
BY Mr.. Walker himself - follows:
Q.-hWhs any Of your property leaseQyelr'
A"-H was a"'esea' Of coatac. 1eeY
had 10 eof THROUGH THE CEILING
largo pace, should think rs large ns TINT [indi-
eatlnE1s up thto1sh 3orce Hooss. Tne hoofs wc7e
takcn OUT aaa, ~ they snoTe,ad, It MI fel' down
through tn1s mole. cttns GOWN dhd atttad Into ny
of1ee: thoy spoiled tho carpets. 1had 10 have thcHs
faken away"
A.-'Eersa'niy; there was no Row buaiecas that
could DO donc. Thosc that were Obliged 10 como
fbe<o to pay money managed 10 come thesc sonaa
way
Q.-"Thnt was your hustness. what you do.
pended upon for making TouF nonayf'
A.-"For making living"
Q.-''Wi1at condition did they Leave tbs ptam*
iaes In niRhss when they did not workt"
A.-''They must hase worked pretty nearly all
night. Tho dsy thcy commenced thts operation
they tore ont ths wall. They had 10 remove d
door, md hhd to tear out the wholo wall and leave
thu p1aca open, and when got there In the mofn-
Ing tho floors had boon removed. md thu furniture
piled up mostly In one corner, md IN oyescoas
was m'shsng. went 70 SEQ II anything was eto-
len. That tho only thing could sec. Thcy had
br!ckcd I'M tho vail. and camo theto attesw4sd aud
1{1n nHuf .AAnfH Ht&niHH ,nt
my papers on tho dGsks furniture for rery long
time aftcrward." +"
It MAY DO conceded TINT Judge Dlodgutt acted III
thts instance
IN rxcrss Or rts ,rn1sntcr,o..
Tint I'm f,orrt having r.ced IN Recclytr n ,rssc
thu nropcrty md onnroynt Tim ieo.c. In ,,h1ch mn
rght Of fo4sp,,y fos euch nurno,as ,yocs re,s,rea
AZ the judge had no RIGHT to tntcrfaro with tLe
tenants uosssssIon darinr h,s term and Tint t,tc
tiop Of the order. and that such an act dong by
anothcr would bo . s,i,lomcaaof uador tho Iaws
Of tho statc, yct If the Judgo aclea In rood filth.
and not cozsnRl'y or malicioaalr, In making the
order. he caanot bo hsla liable either cari'1y or
'cslmluasly. This ia vol settled principle
Of lass, founded apon tho most Oh
vloua snggost!ons Of sound rcaaon mud
pnb'tc policy md :apPlies to al superior courts
and eousts Of general Jurisdiction, Tor " the law
was sucl that u Judge Of snch court should DO
held responsible In datnazcs or at tho bar Of Grim,
iaal tnsttto for every tHstaks he might mako in
caao Of which ha has jdttsdtctfon II ho should be-
requircd to stake hla fortune or h'. liberty upon
ovefy exercise OF bis 1udgH1ant On the bench or tn
the performance or hfs official duties, It would be
impossible 10 ana one WHO would DO willtngto u.s.
sumo TITO responsibilities uf such postlon
atnl. 1t truo that when court of limited and
special taslsa'stsou exceeds 'ts powafs, tho
tEri. II fItrflx Il