Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-01-18

erly and westerly. fair weather in the middle
and northern portions, end generally ctcu5y
weather in the southern portions.
TIE A. & w. r. r. CAsE.-The casa Of A.
tzandcr Hay vs. tho Alexandria c0d Washing
TO- R.lirosd Co., was, Gs stated 10 the Gazette,
up yesterday 10 the U. s. Circuit Court, 1 SEES
sion 10 this city. Judgo Robert W. Hughes
rrasidiog. % motion, made By Gen. II. t..
Wells, COUNSEL tor Hay, who is citizen Of
Ph!IsdelDh!a, ct the last session Of The Court.
TIE argument Ct the motion, fixed for ycs;eE-
day, brought quite large nunbr Of promi-
cont lawyers together. Alter tho reading of
the motion tor receiver, pleas to The jarlsdic-
lion OF tho court by Messrs. &. w. Waltes and
Leonard Marbury for Joseph Thornton. cred.
itor OF The read. frs: on the qrou:d that Eiu.-
lar suit is pending 10 the State court. viz:
FoTIe, Sn0wdeD l. Co. W. the 4. Il W. Il. Il,
Co., 10 which m )ilon to appoint a receiver
his been pending tar several years and ssooLd.
BECAUSE the District of Columbia aud Messrs.
}. II. aad A. T.. Bradley. trustees Of tie cor.
pora.i2D. necessary parties 10 tho srt, ere rot
sui ct to ths jurisdc;i,o OF The c,u:t and an
atldsv!t by tho ely CT Washington Of tho donth
OF s1mo OF tho psfs;cs mads defendants 10 tie
application for rtc:ivar OF the road, wsro fled
Inc Qu,stl3a o. tic Jurisdiction ct Tia cOu;t
WAS argued ~ l.srih By Con. Fl. II. Wei 3 for
Hay; Maj FreGc3 j. Smith fSr tie &. & w.
H. Il 90; joacp6 II. Bradley. trustee. acd
Gca Ep9s lIl1;on Gni Jobu Sclien for the
trustees Of too deed 70 tho CORPORATION Of
Washlogtop; Fsanc.a Miller for tho District
government; aud II. .. Claughtcn fer Fow!e,
ShO1don 4 Go. The argument Involved the
history Of the ro1d. Tho Legislature granted
the charter to the CEN psng uadet the belief that
the road wss to bo operated 90 new plan
rrqljrirg 20 cuts Or fIIJ The Alexandra and
Washington Turnpike Company gave it the
right OF way under tee dclusion that tho turr
pike would not be CURED The corporation OF
Washington guaranteed 500 600 of It's bonds
BY mistake sapposirg the read would BIO amply
able to pay its debts. and these three mistakes
butt tee first rosd. l.! has been controlled 10
turn ty Mr.. SO. s. French, who 10 fact was tho
original Alexandria anI Washington Railroad
a. a military road; by tho Adams Express
Company; BY the AK ,nGr,a. Washington and
Georgetown Railroad Company ty Msssrs.
Stevens 4 Phelps. and Receivers Clephane and
Lathrop, until now. when il controlled ~ the
Pennsylvania RAILROAD Company. which bull.
his magnificent v.sduo! across the Long bridge.
The SUI. OF Hsy vs. the al. X1ndfi4 and
Washington Railroad. III uCoed Yesterday,
has for somo years psst been gcirg on 10
the Uni,od States Court. while similar
suit. begun in 1851 by Fowl. Suowdan &
Co., vs.. tho AIexstdria and Washington
Rairoa1. has been going Oh 10 he State
c.uEt'. This suit, which lay dorm ut dar-
log tho war ADD duriog ths time 10
which the Alexandria Washington AID George.
town Ia road Company superseded the Alex
aOdris and Washington Railroad Company.
awokc wheo Tho Alexsudcia. Washington, AID
Georgetown Railroad Vas declared q nuI!ity
AID after various appeals, &C., reached on tho
',h OF January. as is claimed. position in
which it could be proceeded with to conclusion.
so that tho questions which came up to-day had
three form: First. shall any receiver b, ar
pointed stcond, shell the Uoited States Court
S2p2int receiver? or third, shsl the case
AID the aIpolonne0t Ct q receiver bo left
TO The State court?
a. the conclusion OF tho argument TODAY
Judge Hughes delivered Il bret oral opini N,
rcss!Ving the delivery OF his written opinion t.
another day, deciding the following points. That
the lUrisdiction OF tho Circuit Court over tEe
i3uboet matter ls clesfly given by the nc. If
ht:ch ID, lniJ, Snlca allows nj persons 10
tlgSe their federal actions, thst is, actions aris-
ng under the laws Of tho United States, in the
CHcnIt Courts thereof. Hays right OF seton
arises upon the construction OF the charter
granted by Congress TO the then corporation of
washington. Tao illisd .c.ion owe. tho Distria:
vi Columbus SO personal defendant is under f.
prov sion Of he said act made 10 depend upaa
setVlco OF process which is authorized TO be
made rny where when ordered By the court b.
Cause 'ha! doleDdsnt Claims an interest in tho
rsS. (tho railroad within the jurisdiction OF Il q
court He he d, that the pending OF lno sui. 81
Tho State cour. Is not u bar to this oGo bacsus 6
81 the nature OF the action there; tho p.rtits
thereto AND TIE relief prayo! are not tho same
nither II substance or fact; and that court hiss
10 pi ;n,ID
lower 10 Lake possession; while this cLu.t 10
only tEocisnG ismi!iar sLCIl!sry juii.dicLirn
10 collect lis own judgment and decree 1t u
hot only proper that @ Receiver should be Al
poatod, bat II Oa2ht and doubtless would hsyn
b1en done long ago, II there had been O pending
lsuae IN the State in which i. could h,ve been
done by that court.
The } udpe, hsvlag d,cj,d that The c,ur
lad jurisdiction, granted Tie mo,ion FIR the
bppoiDtmeDt Ct r,o,igtr Ct the road, (Ir
-t$o thought 'l3' 'h3 rrcsent Supclrt. nicti
OF the rcsa, mr. Gee. 9. wilkes, uGu!l be The
most suItln,o pI,Cn iut rGcrv,r OF the road. as
lie was iSmiIlar III Il Jig workings end lxisiop
nontrac;s with other roads. He, Judge Hughes,
dit DOT wI.h TO Interfere with the rrtscnl
nc''ty OF the road moro ;hsa VS. rec ssary.
/; "'s SlmIiy init nd:d Il al tho receiver, sol 80,
70 The orders o! the curt. should make monl bly,
fsnorts CT the workings Il the road.
IVY. iIAnols Miller op?(sei tic appointment
OF Nir. wilkins, sui tstupht that somebody
who was eO'lre!y iudepeId,Dt CT the pelusy-
wanna road should be appointed. II was to the
'tterest O. the Pennsylvania road TO make the
s'o6:s Of he A. & w. road as small IS po:sibls,
Gen. Wells eaid he would like TO SEQ the
rod run on 'mcolhIy SO that the revenue
would cot be disturbed. Hi would like tho
y nrt to say what proportion CT the reveru,s
f0p1 ehnnl0 N tkn
cau:e. WHO
Mr. e. W. Wattlss URGED few days delsy
,ot CONSULTATION. but the Judge stating that be
eoo not remain 10 tie city, he, MIR. w., sug-
SSsied MIR. VIM, II. Martu:y for tho position.
"Ho, ~ reason of his lorg experience in railroad
n,ttetS, would make sn excellent receiver.
MSI0r Francis l.. Smith opposed the appoint.
~s ni. Ct Coy one D conjunction with Mr.. Geo.
- "'!klos,wbo, he said, s:ocd ss high for char
t W snd integrity an any man 10 the country.
lie was sure Mr.. Wilkins would deal fairly by
d. parties. The appointment of co-rcc,ivcr
"VI,a o0'y unnecessarily itc:esse the tx panses