Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-11-19

This cause which has occupied so much
of public interest throughout the State and
elsewhere during the past twelve months,
came up for argument in the United States
Court on Friday last, before Judges Bond
and Morris. This bill was fled by Daniel
X. Stewart, and asks among other things,
that by reason of alleged extravaganza and
mismanagement on the part of those in
charge, that receiver be appointed to take
charge Of the same. Messrs. johnson & Poe,
Col. Charles Marshall, Archibald Sterling,
and Joseph Bryan appeared for the COM
plainants, and S. Tackle Wallis, Philip
Frank Themes, Thomas NJ Lanahan and
Bernard Carter for the respondents, proba-
bly, the best array of legal talent that could
be found within the State. Messrs. G. Haw-
kins Williams and Orville Horwitz repre-
sent the trustees, who claim that if a receiver
is appointed they should have the privilege
Of recommending who it should be-
Mr.. Poe, of counsel for the complainants.
opened the case with an elaborate argu-
ment Mr. Poe in his argument referred at
length to the history of the canal and of its
condition in 1874, when the bondholders ac-
quired their rights; Of its having exhausted
all the muniicence Of the State and all pri-
yate donations, it was then that this debt
was. created. That the complainant was the
owner Of the preferred bonds ofthe company,
to the amount Of $3.50. 900, issued under the
Maryland act Of 1874, and Of the overdue
coupons thereon. That from the fact that
the coupons have been overdue and unpaid
FOR period Of sixteen years, the insolvency
Of the company being notorious and the Sc
curly aeing pFecariOus, that it was right
that a receiver should he appointed. Mr..
Poe then deals with the exirzyAgznce and
+ mismanagemeni q the canal. and closes
with the statement that hoiel bills q the
Company during i've years in Baltimore,
Annapolis and Washington, 20 dinners.
cigars and liquors amounts 70 s120l0 Col
Marshall, u counsel So tAe R1rne. followed
Mr. Poe, his Argument occupied the greater
part Of Monday, wbea Bernard C--er. q
counsel for tic rsp9ndeai o. canal ooan-
pany, coinmenosd his argument The BALI
more Sun gives the f1liowing synopsis q
Mr. CArter's speech.
MT Carter cD1lroe-G51 bY szsiny i Ma
desirable to have bfO1ghi - the z.ss-lfigr n
the Count the issues involved IN isls easg
30 much has been szid Outside n fae sss1ul,s
i Is well b cOIe - The Allegations MADE D,
the bill with which the suii wGs l,egu-.
Nobody dispuies that tie rDOr1Eags j. 4 frasr.
The very learned, iorcibls AID geniaerrsarl1
argument Of the DisiFic9 Ai;O,uey N a. ARE.
~ taken up in proving that the money eT-
pended Tor heiiermeuis and sppliEnoes "a
that sort wa outside u the pgwcss ~ To-
Director. Now, On looking a tie iGll y0r
VIII be surprised b learn that from ihe
beginning 70 the end there is 10 ASSERTION y.
the claim thai the Court should take ihi,
hish processing asked f0r because the us0ney
was expended for thee betternents- Tier
y reference b thee purchases o. i0zns IN
the interrOgat0fieE appended b the I'm. by,
no inunaiiOn that these things are stlfra
cires what's charged = that tlese wbarysa
were purchased with money obtained b,
those bonds. The intention b pgrchsso ~,
fore i was done. We do not shirk Thea
questions at the proper time. The onl,
question at the inception of this suit wa IA,
alleged noncompliance with the provisions
OF the mortgage by procuring the passage d
the Act Of 1873 for the new repair bonds
that this Act was a breach of trust and inlu
nous 10 the bondholden. lie charged tia
the brief Of cOmplainants concealed from M,
Court that until the contingency meniionei
IN the mortgage arises the company will ne
tain possession.
In a case Of such immense magnitude. in.
yolving ~ many question Of law and facts
and millions Of dollars il is impossible fol
rs 10 give more than mere mention. In
all probability the argument Of the case vii
occupy the best part Of the week. In cas-,
the Court should appoint receiver the ef
feet would b. that the entire control and
management Of the great work would pas.
into his hands