New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-29
THE DWIGHT PROHIBITION.
SHALL IT DE MADE PERMANENT
ARGUMENTS by PBoNuNEYr LAWYERS BEFORE JUS
TICE poNonUE-OSE COURTS JURISDICTION

| ARGUMENTS by Prominent LAWYERS BEFORE JUS
| Tcr pONouUE-oNE COURTS JURISDICTION
| OVER ANOTHER
| Justice Donohue took his seat I'm the Supreme
! Court Chambers at p. yesterday and found iof-
midablc semicirce OF counsel before him. PROFESSOR
Theodore w. Dwight, 1neooking and benign sat direcuy
| in front At his left was Roscoe Conltlhs ana
still further nway eet Mason W. Tyler, with glasses
on nose and brief in hand prepared % begin legal as
sault on Henry l.. Clinton who occupied chair at the
fiabt of Mr. Dwight Bir. Clinton was filed with legal
lore to argue that Justice Donohue should continue his
witt Of prohibition restraining Referee Dwight rom
treating the Mard6-Garlson suit as an action In
equity instead Of one at law. Cornelius A. Iunkle
as attorney, sat at Mr. Clinton's elbow, to
keep up his courage in case Of trouble. Joseph H.
Chosto, e1-Judge shipman, and other lawyers watched
the proceedings from a safe distance.
Mr. Copklng first raised the preliminary objection that
this was ont Of the Jurisdiction Of the Supreme
Court the action pending in the Superior Court
Mr. Tyler then rchcarscd tl0 history OF the MareGar
Tison SUIT, from IT'S beginning in 1873, including
tho appointment of Referee Dwight IN 1882, and
thc fret hearing last summer. The question was Mr..
Tyler said whether the Supreme Court had the power to
cnj0n n referee appointed by The Superior Court from
proceeding try the The superior Court was one
OF general Jurisdiction and not an inferior court
Referee Dwight then took up the argument. lie
spoke rapidly and vigorously. The application Of
FITS writ OF prohibition, he declared would IN
clude tine Jndgcs Of te superior OUT
Law, required by The writ sought, 70 exercise Ecu
erh jurisdiction over the superior Court Oily uist
prODoson, said the referee Is that ms couIl ls no
Jurisdiction because the superior Court - cOu OF
high iuIs ction n nmon law add equity IL mas INC
Courts IN Admiralty. CoWls Ecclesiastical, Maria! ana
Christian an follow ne cou,ss Of re lay OF l,2i 10
charged with great de but not with Admiralty ia"'
The referee tncn challenged any person to show case
where writ Of prohibition had been Issued go, ~ az
inferior lie went back 10 the Plndects an" ll
vcrscd English las aud found no rrcccdcnts iot me ",
There wa no statute IA TINS ntI anih3 or Ii s
supreme Court has no power 10 pLohhoH me- me-
code says that the Judge or Court must be named.
Thirdly If this writ Is applicable TO II to All ref
cour. with another FUurthly the true method OF
disposition OF the matter Is by appeal, aud nor ny
taking from court and drawing IT into anotncr'
If referee he cpiOncd In TINS manner,
what referee will ever take when, even Tor an
honest in regard to whether certain eyidence lies IN
equity or in law he may be sent TO jail for contempt
Fna ly, have treated the one In equy-DcCtnse
though had the same power as the Lord hSh Oh'r
Justice DonohucI think there no lonbt Of the jgTis,
dcton Of ,e Court The point whether its discretion
shall be used to grant the writ. -, a.,
ordp Of The Cnnr c fnf6 Bd s' e1esed in each
individual case of the kind under discussion l,eieIee
Dwight had right, be declared, 70 treat lHt sun
as one In equity than as case OF assault ana p4ugS
There adequate remedy for the evils compalhe9
of except through writ Of prohibition. The referee nl
several hundred side issues. Mr. Garrison nda
save bondholder; yet the referee had gone lnto
the history OF the road he had been looking for fraud
and his ruling narrow and contracted
side they broad the other" The opposing
sci said that tne writ sought Unprecedented 81 say
exclaimed 1lr Clinton holly, that the referee Ia
precedented! He out-tIuped the plaintiffs counsel
in hts and often used the Wc.''
Mr. Dwlgnt-Tnat a mere Sip.
lir Clnton-.o much he more significant az showing
anmu~.
Mr. Dwight (garmy)-Thats ridiculous. Ideny any
feeling in the matter couldn't got up anyif hied.
don't know either OF the parties.
M Clinton taTca-ticalb) explanations, ont OF
order, SHOW mental lrluing5 significantly.
Nr toukling then took the floor against the jurisdiction
Of the court and continued his argument until y.
Justice DOnOAue reserved his decision.