New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-06-05
RAILROAD INTERESTS.
THE MANHATTAN COMPANYS STAY.

/ .
HOW COUNSEL FOR THE RAILWAY COMPANY OBJ
TANNED AN ORDER STAYING THE ATTORNEY
| GENERALS APPLICATION FOR A RECEIVER -
| STATEMENTS OF THE JUDGES.
The sudden check put upon the proceedings
OF the Attorney General for the appointment OF re
ceiver for the Manhattan Railway Company by the stay
granted by Justice Brady the occasion nnch
ment and criticism among lawyers yesterday. II
the general opinion Justice Bradys friends that
he had been msed the real facts and crcumstan
ces Of the he would have granted the ORDER
Justice D0nohue said In 70 the inquiries OF
porter:
1.-THE AttorneyGe General "a wrong in thinking that
did not understand the nature OF Judge Brady order;
understood 1t perfectly. The misund, rstanding.
think. must have been on Judge Brsdy's
part. After the order 10 show cause why receiver
should not De appointed Obtained by the Attorney
10 show canse why the complaint should not be made
definite and certain. At the same time they wanted
cause but Without the stay After the argument they
applied again for stay pending the decision. aud again
refused To give N Then they took eal pretended
to take one on the order that they had themselves OBJ.
from the part refusing the stay but that can't done
In the irst place that was entirely discretionary and
to use an order obtained by themselves and after ssu
ing appeal from part Of Again, when the appeal
appeal rond be taken. They did indeed come to 10
ask for such an order after taking their appeal but re-
fused 10 sign IT,
when the stay by Judge Brady was presented there
nothing OF course 10 be done hut 10 obey IT, What
waiting for was an application for an order 10
show cause, returnabe if necessary, why tho
stay should not be vacated. should have granted
that Immediately, or Judge Brady might have done
the same thing | cannot believe that he granted tho
stay with full knowledge ~ the facts"
Justice DOBOhues opinion justified by the state
men made To the rep0rerby Justice Brady last evening
at hi4 house. "Thc course taken by me-" he began,
" was "A very common one. Mr. Bacon, Of counsel for
the company. came to me and todd NE that Justice
Donchne had denied their motion To have the complaint
made definite and certain ana they hai apl%ard from
his decision and wanted stay until the matter
could md be hsqr Hi General o1, Tern tried n
but he had gone away. Then considered that thc APP
peal could not De heard until next October. would ox-
petite matters IL giant'd the motion and brought tho
whole matter at once before the General Term"
" But, sdid the TtOrtrr, d" the appeal not from
the decision OF Justice Donohe that motion Il VAS
simply from his refusal To grant stay pending BE hear
WHY no that can't be possible" exclaimed tho
Judgr In as,oni.hment.
a. tlc papers n the aud statements made by JUS
tee Donohnc Mr.; Lowry and Mr Iiarison
Wei, II bad known That" said Justice Brady witn
great carncstncss, never would have t"r"t H.
,ciSrd but certainly did understand from the state
mcnis which they made 10 me that tic appeal w. from
nr % '%H S4 Mr. T 't 1r |o"q ai ana m iG% n qrm 70
lnr. setting forth these tlct, I "rainly should
that should rs' learn OF this In this way. must ot
course, har ihe blame Tor hot reading the par- pre-
scuted To learn all the facts Bat You lnow that II -
very common for 10 rl upon counsel ~ standing as
To he contents of tir pacr- or cA partc Applications;
stated
81 can understand now all The fa.- that
has been made th- matter that be-
fore seemed ineNpcable 10 As
ny purpose merely to prevent, rather than 10 calso
delay. and n r Application. a. II was explained Ia mr,
seemed perfectly proper. the criticns that were passed
upon my conduct ny some newspapers I'D seem very.
hard AMI unfair
Burton " Harrison. who appears for thr people with
hr Nttor y'iruera also seen by thc reporter .ast
evening. AMI told what Justice Brady nal stated.
Mr. Harrison said that he had doubt that the ltcts
had been m-rprsencd Ia the Judge, AMI lie had been
mislcd II, himself urged the Attorney Genera after
the stay cryrd to ~ before Justice Brady, explain
the facts and isk for vacation OF the stay but the
Attorney was piqued aud said he ddu't pro-
pose OF hi- to ark the Court 70 undo atmnS
II ought have done lie thought that. appearing
more consideration.