The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-11-19
The Atlantic, Mississippi and Ohio
Railroad Cases Before tho United
states Circuit Court.

Statos Circuit Court.
In the United States Circuit Court yes
terday mornlng-Judges Bond and Hughes
presiding-seyeral small claims against the
Atlantic, Mississippi and Ohio Railroad
Company were disposed Of, and Mr.. Dixon,
OF counsel for the Norfolk and Western
Railroad Company, proceeded to argue In
favor OF the company's claim for the money
left over In the hands OF the receiver from
the earnings Of the road. 1.-THE sum is now
S2i4, ,00O.1 Mr.. Dixon undertook TO show
from the order OF sale and deed that the
purchasers Just as much acquired this mo-
ney as they acquired the road itself.
RRcBIyBR's PROTECTION.
Mr.. Leigh r. Page, who appeared for one
OF the receivers, opposed the petition, argu-
ing that public notice ought TO be given
and all claims satisfied before this fund Is
removed from their custody. Their only
desire is to be protected from any liability
that may arise. This fund is their best pro-
lection until all claims are satisfied.
Judge Robertson, Of counsel for the Nor
folk and Western road, said that there
could he very few claims outstanding OF
which the receivers are not aware. These
are all secured upon the road notwithstand-
ing its passage to present purchasers. They
were, however, willing, for the protection
Of the receivers, to allow enough money to
be reserved to satisfy all claims OF which
the receivers have notice. He argued in
support Of the proposition that the fund
in question belongs TO the purchasers.
Judge Hughes announced that the Court
would consider the question, and counsel
could go on with other matters.
LABOR AND SUPPLY CLAIMS.
Mr.. John Lyon proceeded to argue in
favor Of the payment OF the labor and sup
ply claimants represented by himself and
Mr. Kelley. The Acknowledgement OF Vir-
ginia excepted TO the payment OF these
claims out OF the residuum OF purchase
money; that, he holds, belongs to Virginia.
The Norfolk aud Western Railroad Com
pany excepted to the payment OF the claims
out OF the net earnings OF the road in the
hands OF the receiver; these, they hold.
belong to them. Both say that the labor
and supply claims should be paid, but paid
out OF the Others fund. Therefore, Hr.
Lyon asked that the Court would order
payment now and settle the matter between
these rivals hereafter. Mr.. Lyon held that
their claims were equally good against each
fund. What he wanted was an order for
payment now, and not to be forced to take
| sides as between the contestants for the re-
naming money. Nevertheless, Mr.. Lyon
thought that their claims could better be
! paid now out Of the money in bank subject
to the order of Court.
Mr.. Kelley, Major kirkpatrick ofLynch-
burg, and Mr.. John Dunlop and Major
Stringfellow, of Richmond, also addressed
the Court relative TO these and other claims,
all amounting to about S2SO,OOO.
no ORDER AT PRESENT.
Mr. Dixon spoke against the payment OF
these demands out OF the earnings OF the
road In the hands Of the receiver, and At
| torney-G eneral Field objected TO their pay
ment out OF the residuum Of the fund OF
the purchase-money. He insisted that the
| labor and supply claimants should have had
their status determined before the sale, and
held that now, unless the Court ordered
their p ,yment out OF the earnings OF the
road, they were without remedy.
Mr. Kelley replied showing that the Ia
Dor and supply claimants had asserted their
claims at every session OF this court In this
and other cities, and had used not only due
but extraordinary diligence.
Judge Hughes announced that no order
would be made at present.
TIE FIVE PER CENT.
Nr. Choate submitted an order for the
payment of the withheld 8 per cent. to
bondholders, with interest from Sd May,
! 1881, TO 18th November, 1SS1-S2S4, 900.
! The residuum OF the purchase-moncy
amounts, after full payment to the bond
holders, TO about S277,000. The earnings
| in the hands Of the receiver are S244, 900.
Total left in hand now about $520,000. In
terest on the per cent. was practically
paid by the State, the next mortgage, as
| il was retained at its request. There will
be an appeal as to this interest-the Court
allowing per cent, and the Norfolk and
Western railroad and the State holding
that the proper rate would have been -
per cent. per annum, and that no more
! than that could have been obtained for III
use, and that no interest accrued on the
! fund in the hands Of the Court except such
interest rs the bank holding it was paying.
WAITING PoR THE GENERAL ASSEMBLY.
The Court holds all these cases under ad.
visement, and no decision is expected until
after the General Assembly passes on the
contract made by the purchasers OF the road
with the Board OF Public Works. Judge
Bond has left the city. Judge Hughes Is
here, and the petty jury was on yesterday
by him adjourned over till this morning.