, 1879-07-03
Tho Whole Of Ills Main Point
Roportcd III Ills Own Lam
EunEc.
Reiterated Assertion Of Judge Book
with thht tho Rule Ap-
pies Hero.
The Day Considered to Have Gone in
Favor Of tho Atohison
People.
TILE DENVER LITIGATION.
Epkctst {ltsbtJtch 10 TIE Tribune.

al iAE Llt1kEA Il4LEa %OAlhTIQVkA HuH Nk~AtlEA
this morning By Interested spectators, lawyers,
Government officials. railroad muguntcs, and
others, Senator JONES, nf Nevada, occupying
teat within tho bar. Two Important matters
drew together Ills assunby, Tho first bulilg tu
iisten to Justice a1llicr charging tho Jury
tn the great tutuc cnse OF Stlyens
& Letter aGainst Jamcs Williams, the
other being tic great railroad case
between the Atehison, Topeka & Santa Fc
against the Dcnyer s. Rto Grantlc Rliisond.
Justlro miller occupied ncarty tvn hours
charging ths jury In the infno ease. 1T tl:U
Judge Dcckwith arose, announcing ts readis4css
to proceed with the case Of Meyer, Trustee Of
the frst-nlortgngo bondho1lcrs ot thc Driver u
1llo Grn,lde against the Denver & Rio GEalulc
Railroad Company. In which II. 4. Rislcy WIS
appolntesl llccetvrr Of aad hat'roal CoInpany's
property BY State Quart, judge Bowen pre-.
siding. This being t1oekctcd III the United
Statcs Court, fudge Bec.wltll il1Gl Il petition
for an order upon Icccigcr Rlalcy IN turn over
the property forthwith, coupling hfs remarks
With reutlcat that lie Ate1ison, Totc!a {:
ean,a Fo Company he madsa party to the suit.
Supporting the petition. Jude Deckwlth pf-
fe7cd certified copy Of tliB proceedings In tic
cAeg.
Alter all tho papers hal bccu filed, 1ulgo
Hcekwtth hcgnn hia relnarKs as follows: Upon
tIu papcrs beiru the Court VIC asi that thN ltc-
ce'ycs in thc eusc ii Meyer agatnst tho Denver
u KIo Grandc Company bc directed to rctur,,
tno property, IN ct'htroversg to tho Atcfison
Company. We also ask for Tue protectIt,a T.,
Atcl1son Company bc allnwcd To h.
come q party 10 the sn!t mentioned.
entirely agrce witt, your Ilonor's suggestion.
tlut ordinarily tie Court will not a!uw thi'd
suit ngaInst tie will III those w1Io arc pnr-
lies thereto, Lut>. your Honor. Will allow
mo to suggest timl whcn Court Of Ct'anccry
Court Of Admiralty takes property into its GUS
tody, ti,r parties showing to ,I,e Court that ry
have al interest ~ the property u oc Affected
py the determination OF tie controversy ought
to be allowed tu cotne In and 1s lladn parties:
II the strungcr comes to itln Court n,ni
says ttat tts officer has wrUhgtn!,y taken
possession OF hts property, IN s,eil CASE ne n.aT
havc 10 Interest ~ ~ lltga.!o - nnu . 9nsi.t
tal1es pussess!un Of tilu property Of Gnu who
has an Interest IN. tho litigation, then SUBJ
nit that, under practice. in chasrcry, ns
inE to lis ei1illaW, nte Court viii allow lin to
become q unrty. nut: only for thu purpose Of
having bis property restored, hut TINT lis rights
may nut be ''ptcjudicel by the litEa.
s'S s proper.y deesse 0'' woais 1ts'
affect r,ghts u ons not nude party. II, how
ever possession l'as been Taken of Tue property
by tho Court officer, aud Is to be dis
to prevent tle decree Of thu Court from creating
cloud upon his title, such is the present
ease The By! oa, llcl !oo By Meysr ALLEGES
shat betwsen ssoo CO., ap Of eonOpns y
Granue Company aro impaired. We suY tin.
We aro able to :psoducu proof that these coil
pons have been impaired; :, that nsese
Da,' pay 'em; 'as tut icy sold tue boas s Of 0 tu
Dgnver Company to poy them; tt.ut they re-
ccYeI money for sueI, bo.!ds; u,,d tl.xt tlcy A.
tuaily. lid pay the coupons III question. We
submit tilat, under these laets, tleY should not
obtatn a Judgment or decree against tho
Denver & luo Graude CompauY, anpascatIr
binlina our property without giving Us na up.
pons have been paid. Tic Atchson Coinpuny
Inns an Interest III tlnt question. II It's property
had not been acized--it the Court hatI
n,1 not nt r. It's ~. friSy >, Ate.sy% Coup
l,ltyht saY to them: I'VE cate nothing Tor your
dccrec. as We aro not parties therelo.' Tho
Court has, however, taken possession Ut oilr
III order to protect our rights. Sc also asi d
return OF thu property, On ground which, think
with authorities on the poimt. The rulo Is tlla
tho parties ala Of tho property VIII retain tlla
Tti' aacston, w. ra''ea. d; M early da,
Il Il s ny ohs R,sss0"e' ean < rrass s conuay s at c
cinnutl, ou which tle opinion Of the Court Wal
delivered b. Judge Mclean. III tiMt cusu th'
Receiver l,ud been appointed BY the State Court
Court bad first acquired jurisdiction. til
Court ordered 2 rule upon The ltecelgcr 0
The ssats, Court to show caut
WhS 10 should not dclrer t!e property to It,
The Court Subsequently nlalo tlle rule absolute
for tic reason t.as, uadsr lie circu,Ast ances .
the ease, tho United States Cnurl had lir4
ssused Of M raet r,n Hpa of "
that case has bGen aUcd upon IN ever
circuit In the United States Several cuscs ilav
occurred within my own knowlcJEa wheEs u,
ported IN Btssetl. Judge Drnmmond held tia
where tile Unlted statcs Court hlul iurlsdis
,ton Of ths p1f,it' ;1a s;a, a' ot the r
appolttluE: 3 Kecriycr. ln thu, case tfu III
ee!yer appointed by tl1c etate Court had taka
possession Of tlls property; but ths Uni,e'
Ssadsr satss e Ce1 By rs N.sxse 5 to y,
lie untea staies = Court. Ihs 'iateG saias tu u
iteekterd = @ Mssk I.'s"d ltsijisesd, : :
delivered in tia. case by Judge Drammoui!, ~
very able opinion by Judgu HiudEett, sustut.
ing the right u she court trst obtalnl'E 3asi'
d1ctlon u rotatn the ss,nc. II Is not neccssa1
Which ] hays stated. 1ie administration
justice rcquircs such rule. II there mc1
lo authorltles upon the subject, do not liz
Nate to say that your llonors. cx neccsatta.
would adopt TINT rule. Ilic remaining que
t!an IL ~ TO tue furta LII tAts case. did It
United States District Court for the Wsste.
Divtston Of colorado, AaYtnE the power
Circuit Court, acquire Jurisdiction oyer Il
turtles to ttln suit, nnd Of lllc property
euntrovefsyj II tl.at Court required suei, iurl
tsctlnn. there eau oe 10 qutstlon but VII,
this Court will order tue Receiver to rcstoEa Il
property. Wuyf For tlss season that the Di
irltt Court wilt uot allow It's Jurisdiction to
1nyadcd, csrcumY1ntea, or DESTROYED
tie procesk Of. any o4tlcr Cour
The fac!s arc ..at, Oh Jung o, ls7
Siase Court Look possession Ut the rcs /
making an order III regard u It. On tllat xat1
.ily tbs cntlao was removed into the Dstrt
IaurI Of tho United Etatcs, und on June ]
llat C0urk took Jurisdiction ou tile qucsat4
why It xOlll issue It's oEtrF lar u restoration
the property 10 the A.cAiyon Company. II
parstcs were heard upon that question on Il
sauIe day. Froln tLat. time until juno Is Il
hearing for = restitution mus continued fru
day 10 day. Gen. Palmer hau kuowlvugu ih
OF tie c.4c. Every ona .ntescsk
: lad q knowledge VI TINT Iuct,
tl0urt1, fer ni,rEn,stA pf urrEnunf I ,nra M