The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-11-18

The withheld Five Per Cent. Ordered TO be
Paid the BondhoIders, with Interest-A
S4s1,oOO Claim ReJeeted-The Contract
Made By the Board OF Public Works.

e@~l,uOO tln1m htJtcteu-lhe tohHuet
Made by the Board OF Public Works.
In the United States Circuit Court yes
terday-Judges Bond and Hughes prcsi-
ding-thc Atlantic, Mississippi and Ohio
cases came up for hearing.
Mr.. Choate, OF counsel for trustees, sub
mitted the report OF Special Master Charles
Perkins, stating that according TO the
order OF the Court he had paid 80 per cent
on all the consol bonds presented to him,
with interest to May, 1881 that there were
two bonds which had not been presented,
and an unknown Out not very large) num-
Der Of coupons outstanding. Mr.. Choate
submitted m order for the payment OF the
remaining per cent, with interest up TO
the time Of payment.
Mr.. Dixson. OF Philadelphia, represent
ing the Norfolk and Western Railroad
Company, gave as lis view that in all cases
OF bankruptcy interest ceased at date OF
sale.
yrRCINIA's CLAM.
Acknowledgement Field desired that the
} per cent. be withheld until every demand
is satisfied. so that those who come in with
claims may not trespass upon the fund
which would otherwise come to the State
OF Virginia.
1t seemed from questions asked by Attor-
ney-General Field OF Mr.. Choate that the
latter intended to request Of the Court an
order for the payment Of the expenses IN
CURED by the English bondholders' COM
mittee out OF the fund left after the pay
ment OF the withheld per cent. This
Acknowledgement Field opposed until the
claim, ~ Nfre<ipfo yVos safiSfp1
LABOR CLAIMANTS.
Mr.. Lyon. on behalf Of the labor and sup
ply claimants, begged OF the Court to make
no order for the payment OF the per cent,
at least not unless there was found to be
enough money in hand for the payment OF
the 3 per cent. and for the labor and supply
claimants too.
Attorney-General Field objected to the
psyment OF the labor and supply claimants
except from the earnings OF the road-bc-
fore the claim OF Virginia was satisfied.
BIG CLAM.
Judge Bond. after a whispered consuta-
ton with Judge Hughes, said that the
Court would like first TO hear the claim OF
the English bondholders' committee before
deciding as to the per cent.
Mr.. Choatc then presented at length the
claim Of the bondholders' committee for
an allowance Of S4Sl 900, including ex-
penses Of Mr.. Collinson, and great many
other itcms. 9lr. Choate quoted from a
printed brief in support OF this claim, and
Acknowledgement Field, on behalf OF the
State OF Virginia, and Mr.. DiXson, OF
Philadelphia. and Judge Robertson, OF
Virginia, on behalf OF the Norfolk and
Western Railroad Company, submitted a
printed brief in opposition to the claim OF
the committee of English bondhOlders.
"NIPPER."
Mr.. Dixon got up TO reply to the speech
of Mr.. Choatc, when Judge Bond said with
smile: al don't think the Court wants to
hear the other side" and Mr. Dixon there
fore very cheeriuly took his seat. Judge
Bond repeatedly said to Mr.. Choate that
the Court did not know the committee any
more than il knew the stOckhOldors-itw was
dealing with the trustees.
The SlSl 900 claim was rejected.
PAYMENT ORDERED.
After some discussion the Court deter
mined to order the payment Of the per
cent, but the question was again raised as
TO the amount Of interest TO be paid.
AlllT ulSfllNSlOH Uttmttti DhAE' bhH
man. AttOrney-General Field, and Mr..
DiXSon, and 4 full relation OF the circum-
stances under which the per cent. was
withheld by the order OF this court, Judge
Hughes announced that the Court would
allow interest from the Sd May, 1881, io
date OF payment.
wANTED-S195,000
Mr.. Diyson presented a petition from
the Norfolk and Western Railroad Com
panv for the $4,000 in the hands OF the
receiver from the earnings OF the road,
claiming that that is as much part OF the
property acquired by them as is the rail-
road itself.
This claim will be heard this morning.
The Court said in response TO question
from Acknowledgement Field that 1t hoped
to hear all these cases at this term.
TIE CONTRACT WITH THE BOARD OF PUBLIC
WORKS.
The Acknowledgement suggested that q
few weeks delay would relieve the Court
and himself OF some embarrassments, in
view Of the pending contract made be-
tween the purchasers OF the road and the
Board Of Public Works OF Virginia, by
which the interest OF the State in the said
road was sold said purchasers for S5OO,OOO,
subject 10 the ratification OF the General
Assembly Of Virginia.
Judge Bond remarked that no harm
wOnld be done by hearing the argument.
Adjourned until this morning.
PLENTY FOR ALL.
After the payment to the bondholders Of
the . per cent. and interest thereon there
l., o,,,tter1, naininn sIIlipgf
to the order of the Court to pay of the
successful labor and supply claimants. and
also certain other claimants who are asking
for and may receive damages for injuries
sustained on the road, dc.
Personal.
Among those present in court were Judge
Shipman and Mr.. ChOate, who represented
the trustees: Mr.. DiXson, Of Philadelphia,
who represented the Norfolk and Western
railroad; Attorney-General Field, who re-
presents the State Of Virginia; and John
Lyon and a. VI. Kelley, representing cer-
tain of the labor-claims. Mr.. Choate repre-
sents also the English committee Of bond
holders. Mr.. Charles Perkins, one OF the
late receivers OF the road; Henry Fink,
superintendent Of the Norfolk and West
ern railroad; and General Tyler, president
Of the Norfolk and Western railroad, were
also among those present.
SUPREME COURT OF APPEALs.-Smith rs.
Commonwealth. From the Circuit Court
OF Henry county. Affirmed, Judge Chris
tan delivering the opinion.
Cheatham rs. Cheatham's executors and
ais. Appeal allowed and SupersededS
awarded TO a decree pronounced by the
Circuit Court of Lunenburg on the 18th Of
November. 1879.
Piedmont and Arlington Lfe-lnsurance
Cnrnnnnr ~ Pow Ernm the Circnit (Onri