Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1881-01-14

County School Commissioners if you are
right, assert your rights and the law will
remedy the wrongs of which you complain !;
if you are wrong, let the law determine
You may traduce, Willy and SANDER your
fellow-man TO the end of time, that deter
mines nothing, unless it shows the depravity
| of your own hearts. If the courts say this
law is constitutional when you raise the
| question, as You can do at will, the people
will sustain you; if the courts decide other
wise, then it is your duty to have the law
changed, and to step down and out
The Chesapeake and Ohio Canal Suit.
The Chesapeake and Ohio Canal suit, in
which a receiver and injunction were asked
for by d. X. Stewart, a bondholder, was be-
fore the United States Circuit Court Friday
on two questions, which were disposed of
by an order passed by the court, leaving at
present no other grounds for controversy.
| Counsel for Mr.. Stewart asked the court to
sign an order requiring the canal company
to make monthly reports TO the court of its
expenses and receipts. Counsel for the COM
pany presented an order making the reports
semi-annual. Arguments were made on this
| question, and also as to who should pay the
costs, by Gen. Bradley r. johnson, who
| opened, and Archibald Stirling, Jr., who
closed for Stewart, and by Orville Horwitz
for the trustees, and Messrs. Wallis and Car
ter for the canal company, George II. Will
liams, for the trustees, closing the entire dis
cussion.
Gen. johnson and Mr.. Stirling commended
that as the practical effects of the result of
the suit were for the benefit of the bond
holders, and as the bill was not dismissed,
but was retained iii court, costs should be
borne by the canal company, in which all
the bondholders are interested, and not by
the bondholders only who brought the suit.
For the canal company it was argued that
the receiver and injunction, the great OBJ
jects of the suit having been refused, costs
should be paid by the complainant, who
had put the company TO the expense of de-
Tending itself and resisting the appointment
of receiver. Mr.. Horwitz argued iorcibly
that the costs ought to fall on the complain
ant. The objection to making monthly re-
ports OF expenses, &c, was mainly the eX-
pense of the clerical work and trouble as
unnecessary. Mr.. Williams said he would
not object to having daily reports made if
the party desiring il would bear the ex-
pense The books were open to inspection
at Annapolis any day in the week the year
around.
Judge Bond delivered the following opin-
ion of the Court:
1--WE incline to the opinion that the bill in
this cause was filed in good faith for the ben
eft of the whole body of bondholders, and
has resulted in decree which will be for
their benefit, and that the costs, the bill hav-
ing been filed for the benefit Of all, should be
borne equally by them ALL We do not
think it equitable, though il is shown
: in the cause, that some of the bondhciders
refused to unite ia the suit, that they
should be allowed - reap the benefit Of
c0mp!ainants action and bear no proportion
of IFS costs; and we think complainants'
costs should be refunded to him out of the
, first funds which, in the hands of the canal
g company, would be applicable to payment
q Of interest on the bonds. 1t appears to the
Court that the corporation held the position
of trustee, and therefore the Court retained
I the bill to afford such relief as ii is usual fol
f courts of equity to give in matters of trust
+, II implies no fraudulent conduct on the part
= of trustee to require him TO make frequent
reports ofhis acts to the Court. We think de
S PENDANT company should be required to make
4 its reports quarterly. This will secure TO the
: bondhoders every opportunity ofinspection
= and of scrutiniZing the conduct of the canal
Il management. Ii either party think it nee
a essary hereafter to invoke the assistance Of
the court on any future matter coming within
the scope Of this bill, he can come into
D court and do SO by petition on the cause
Il We will sign the decree drawn by the coun
n sci for the canal company, modified as w
4 have indicated"
In pursuance of this opinion the follow
IS ing order was passed by the Court;
d "Ordered, this January z, 1881, that the
il prayer of compliments bill for an injunc
!, ton and the appointment of receiver is
hereby refused. But it appearing to the
n Court TO be equitable that the bondholders
= he afforded some convenient method OF scru-
i, tinizing the receipts and expenditures of the
. canal company, and this Court should ac.
!, cordingly retain this bill for the purpose OF
1 having the corporation, at stated intervals
= render an account of its receipts and dis
bursemcnts for the information and protec-
ton of said bondholders, therefore be it fur
c ther ordered and decreed that for the pur-
: pose aforesaid the bill of complainant be re-
I tanned by this Court, and the canal company
be, and it is hereby required to file with the
clerk Of this Court quarterly reports, under
: oath, of its receipts and disbursements, with
G an itemized account of such receipts and
disbursements, and with the names of its
, officers and employees, and the salary paid to
each; and that at any time, upon the appli-
4 cation of the complainant in writing, the de-
tendant shall exhibit for inspection in the
clerks office of this Court any original
vouchers or other papers that may be refer
/, red to in any of the said reports. And be il
5 further ordered and decreed that the com
plainant or his solicitors shall at all times
have free access to the books and papers of
said Chesapeake and Ohio Canal Company
} for inspection and examination in the office
of said company. And it is further ordered
that the quarterly reports aforementioned
shall be made by the said canal company
within thirty days after the expiration OF
each quarter, commencing from the first day
r of january, 1881, for the first quarter. II is
further ordered that the costs of this case, TO
be taxed by the clerk, shall be paid by the
said Chesapeake and Ohio Canal Company
, out OF the first moneys which shall be in its
hands Otherwise applicable TO thepayment of
the coupons upon the preferred bond in con
: troversy and the clerk is hereby directe d
, to tax as part of the costs the expense of
printing the various pleadings, exhibits and
briefs OF the respective parties
The complainants court costs for fees of
the examiners, Small and Bond, witnesses,
stenographcrs, printing testimony, etc, arc
$3.50; defendants costs, $3,9S7. 10 this is
to be added theexpense printing pleadings,
briefs and exhibits, a large item, making
about $1,000 in all.
One Of the saddest events that has oc-
CURED in Howard county for years was the
suicide, on Monday morning last, of VIM.
A. Powell, aged nineteen years. at the house
| of his uncla nr n u rop,nlo ohnu, AM,