The New Orleans daily Democrat., 1880-04-16
THE PACIFIC RAILWAY CASE.
The Argument Continued Until
Saturday Next.

| The case Of g. L. james vs. the New Orleans
Pacific Railroad Company. In which plaintlif
| asks for an Injunction to restrain the officers
| and agents OF defendants from making any
transfer OF rights. etc. which will interfere with
| construction contract between both parties to
| the suit. came up at 9 o'clock last evening be-
| fore Judge Billings, of the United States Cir
cult Court. for argument
| Proceedings wers opened by Mr.. J. r. Beck
with. counsel for complainant, who read the
petition. which alleged two contracts between
James and the railroad company for oonstruc-
| ton Of roadbed, declared that these contracts
were still In force, and that the railroad com
pauy was seeking to evade and violate them by
transfer of Its rights and privileges to syn.
dictate, and askel for an Injunction which
| would prohibit any transfer that might inter
| fere with the aer sements.
judge W. w. Howe, OF counsel for the de-
fense. read the answer OF the company. which
| declared that the contracts were not In force.
aud went on to show that they were not regis
tered until after the flrst mortgage bonds Of the
company had been recorded. and were. there.
| fore, Under no circumstances lien that
James had transferred the contracts to J. q
Stanton h 90. without the knowledge oil the de.
PENDANTS. and TO whom 1t had but lately become
known that the silent partner In the firm Of
| stanten n Co. was James himself; that after.
ward james agan assumed the contracts. and
| then subsequently transferred them to ID. Uruu-
| hart. who In turn transferred them to the Lot
isiana Oonstruetion COMPANY: that James con-
traeted witn the construction company to do
certain work; that he performed some Of this
work and was paid by The company. and that
! the railroad corporation had nothine to do
with James after the construction company
| had accepted or assumed the contract. A num-
her of exhibits. tending to prove the trnth of
| The representations. were submitted with the
When Judge Howe had concluded the reading
| OF the answer Dir. Beekwlth took the noor and
position taken by the defense. The ans wer was
| an Ingenious piece OF fiction. and. he proposed
| to show It's falsity. he submitted the transfer
company, and called attention TO the fact that 1t
pet forth that $40 600 wns dye and saS oeo was to
become due. showing that James was still per-
forming work for the company when the 40.
count was drawn. This transfer. he said was
accepted and its stipulations admitted TO be
correct, at the very tune that the e representa-.
there was no contract betwesn it and bis client
He declared that the Louisiana CONSTRUCTION
that Ia rrey I was was The board q dreetors aa
Judge Howe INTERRUPTED With the remark that
struetion company and Mr. Beckwith respond.
and w srg prove tina, the %
ions by that board liz then assea he eeaf
for tw ,ntv. four hours to prepare the evidence
to show that the answer vas untrue.
dss sm noE g Rsasins s%s to Of hs Ss 5saset sss I a
that the company did not deny owing
him money, but said that there was, every
intention to rb,s PAY + and that In sl the
ceedlngs the Indebtedness was remembered
and its extinaulshment provided for. He again
asserted that the contracs were not In force. :,
Judge Billings. granted q continuance until
Saturday at Il O'clock, at the same time telling
Mr. Beekwlth that unless he could dlsprove the
| statements In the answer bis case must fall.
and there would be no necessity for argument.
surprise at the eourse, pursued BY, g 'nunsel for
complainant. He had gone outside the record
to attack the characters OF gentlemen we'll
known for their probity and honesty. and he
lthe speaksrl cast back the insinuations
The whole. proceedings. he said we're nf q
novel and hitherto unheard of character. What
right had the plaintiff to come INTO court and
ask for an ipiunetion to aid in enforcing pay
1he proper course was a suit for the recovery
OF the amount alleged to be due. There was
something behind the case which 1t was not
difficult to discover. A COMMITTEES of Congress
was about to pass upon the demands Of rival
eompantes for q land grant, and he had no
doubt thHt 1t had been flashed over the wires
that James had tied up the New Orleans Pacific
tnr n the pnrpoes 81 na ae
In conclusion, he declared that the board of
directors had always bsen honest aud upright
In its transactions, and any tnsinuations to the
contrary we're false aa h"
Mr.. Beckwith said that he knew nothing
about the congressional committee and their
action had nothing to do with the suit: on the
contrary, he would be pleased to learn that if
its solvenoy and enhanes the. chances of the
payment nf the claim of his client.
The court adjourned.