New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-12
THE ELEVATED RAILWAY SUITS.
ARGUMENT BEFORE JUSTICE " sTBEOOK POSTPONED
FOR ONE MONTH

FOR ONE MONTH.
IRON a SPECIAL CORRESPONDENT oP THE rRrBusEl
KINGSTON, n. Y, Aug. 11.--Judge Westbrook
was IN attendance in the Supreme Court, Chambers in
tins city to-day TO hear the arguments counsel on the
petition OF the New-York Elevated Railroad Company
against the Manhattan Railroad Company, 10 show cause
why it should not regain Of its property. Judge
Constock Of Syracuse, William Dorsheimer and Edward
r. Bacon represented the New-York Company Julian T.
Davies and William c. CULVER Manhattan Company
Aaron JNanderpoel the Receiver c. j. Everett Attorney
General Ward George w. soren the Metropolitan Com
pany william stransse, some of the stockholders the
Manhattan Company, and Ira shafer Mr. Kneeland and
other stockholders of the Manhattan Company.
Judge Westbrook said that he had received telegram
from the Attornoy-General asking for posponement
OF the hearing because OF illness and press
of puzzle duties the had not been examined prop
ery. On account OF the illness the Attorneyenera
he did not Ike to go on with the but no other
ground would he have entertained n motion for ad-
Journment.
Mr.. Bacon opposed an adjournment because Of the
great interests his clients had stake The Attorney
General had already had eighteen days prepare for
the arguments and two adjonnments had been granted
lie had received telegram from the Attorney General
yesterday afternoon at $780, asking an ad ournment
FOR important reasons He had replied that the counsel
for the New-YOrk Road could not consent to an ad.
journnent and he urged that one he not granted
Mr. Everett on behalf OF the Attorney General urged
the adjournment.
Mr. shafcr thought IL due by courtesy TO the At
torncyGeneral that the hearing should be adjourned
ana also To the holders of the stock OF Manhattan
Company, which worth according the latest ouo-
tatons, @2,1OOOO0; that the Attorney General shonld
I've present when the arguments made because il
the property OF the two companies was returned mis-
clients would have absolutely nothing He could not I'M
derstand how delay OF a few days would iniure the
stockholders Of either the New-York Company or ths
metropolitan Company, because the roads were sim
g ran aud the accounts kept separate as the Court
had directed ~ i'
Mr.. Davies on behalf of the Manhattan Company said
ai they could not have asked oran adjournment having
MED their replying athdavits. the
had asked for an adjournment he would urge that II be
Tsl, because OF the courtesy
hcl General ana secondly, because the receivers had
not had time To make their report of the condition OF the
manhattan Company, the schedule had only iusr her
completed and IL he supposed that the decsion
of the Court would he influenced very much by the re-
port OF the receivers.
Mr. Vanderpoel said he did not care 10 arcue tbe casa
as ne thoGghi the adjournment should lie granted in
compliance WIN me request of the Attorney General
1ournment. 49, W.
Judge Comstock opposed To an adjournment he
cause OF the delay that had already place and also
unable to be present. 49, ~ ~
Mr.. Dorshelmer argued against an adjournment. he
.huse OF the great interests involved lie contended
uat the Attorney General party TO the peton
ne thought at the arguments could he made AZ once
ana iheh " the Court saw IT. the Attorney could
nave an opportunity To file brief
Judge Ncsbrook did not think If the arguments were
maze ana the Attorney General then bfipf thar
10 would expedite matters because of the necessary de-
Lays, and the probability of the counsel for the
Company desiring to file briefs i'm lnsuer - H., "a ia
Attorney General and also because OF time IL wpnld
take tocXamine the briefs arrive al ecsion no
was oil the opinion that the hearing was adjourned for
tour weeks decision would be ms soon az
ne would not lave examined the papers or rendered
decision until after he had vacation as he was
urcd ana worn out.
Judge Comstock having stated that he would he al,e
TO be present i'm four weeks the court granted an od
lournmgn until "Wednesday September IA at . clock
noon The hearing is TO take place the Supreme Court
Chambers ia tins city.