New-York tribune., 1885-10-24
FIGHTING OVER RECORDS.
THE REGISTER AND THE TITLE COMPANY

THEIR CASES PRESENTED BEFORE THE GENERAL
TERM.
Resister Reilly did not succeed in his attempt to
have postDoned until next year the consideration by
the General Term of tie question whether he should
he enioned from continuing his extraordinary and ar
bitrary attempt practically TO shut the records OF his
office against the Title Guaranty and Trust Company
The General Term ordered that the appeal from Justice
Van Brunts order denying the motion for AL injunction
should be heard at the present term 1t came up Ter
argument Yesterday at the same time as the appear
from the order denying mandamus. Julian l.
Davies argued the mandamus appeal for the company
He conteided that the Register had right 10 dis
crirnate against them simply because the succesSiu
prosecution of the companys WORK woud dnh,hsn hs
biz fees The statute provided that he should Keep the
records to which books OF registry and indexes tne
Consolidation Act provided - all persons shall have
free access for search at all reasonable tunes during
the cav time and which the said Register shal! De
bound 10 exhibit to those who wish TO search" MI
Reilly had refused this right of access which was ac-
corded by the statute all persons although there
was no pretence that the eompanys employees IN max
ing the searches had actually nterered With the WORK
of the Office that they crowded 1t SO as to interfere
with others.
Mr.. Dunning in replying for the Register relied upon
the technical ground that absolute writ of manda
mus could not issue where there was o disputc Oh
material facts and that the denial by the Register
that he had exceeded his Discretionary powers rnlsed
such disDutc. lie laid down the rule which he sad
should guide the Register in dealing with the company
or any other corporation individual that wanted 10
make complete abstracts Of title to all lands In TINS
CITY, If he found the Office was becoming over
crowded, he could use reasonable discretion Ill eA
Mr., DaCosta, in arguing the injunction appeal took
ND Mr. Dunnng's words and showed how hollow were
the nretences of the Register that lie had prevented
these employees from working because they mterlefed
with the proper management OF his otce Neither the
Judges the bench nor any OF the listening awyGrs
IN tbe General Term cOud repress broad smiles
as Mr. DaCosa recited the acts of the Register that
had been called the exercise Unreasonable di-cIe
ton" Reading from the proofs Mr. DaCo,a sald thae
the REGISTER had asserted that IT he chose he could en-
able the company finish its abors in six months Du
that he would take blank good care that they ana
very little work" The company sent twelve men To
the Registers Office six of whom discloscd the TACT
that they came from the company and none Of these
was permitted to work as soon AZ one ol them TOOK
down a book il taken from him and put back upon
the shelves, while attend ants were set at work 10 i9
low each one of them and prevent his working Inc
Other SIX however so long as they did not dScioso
their identity never nicrered WIN whch tHey
became known they were stopped like the others.
Counsel alter iusancng many of the most eytraordl-
ary cases declared that there n6verhad been brought
TO the attention Of these courts moTs 2ritIary or ul-
reasonable exercise of power by public oihcer -
Mr. Dunning replying. did not dispute the specluc
facts alleged but contened himself win 'eh'ice I
upon the discretionary powers OF the Register De
cision reserved.
BIRD sPENCER's LIBEL SUIT ABANDONED.
An order of discontinuance was granted yes
terlay IN tho libel suit Of Bird Spencer against John
King, president OF the Erie Railway. The order u
granted condition that tho plaintiff pay the costs oi
the defendant in the suit. Tho grew out OF some
transactions Of the Marine Bank and the firm OF Grant
d Ward Before their failure Grant Ward made loan
OF SlOO 900 to tho Chicago and Atlantic Railroad, whch
WAS secured bY notes 10 that amount lndoisrd ny
Mr.. Spencer. who was then treasurer OF the LIr m INC
name OF that company. These notes were merely ac-
cominOiatOn paper and were not strictly ncgouanir
Thcy were. however. transferred by Grant q Naiu 20
the Marine Bank and after the failure Mr. Johnson '
receiver OF the bank, gun SUIT on thtm against lAr
Erie one of the defcnccs set mp by the company was
n uuucsotiahlc character cf the note, nad 1t was
claimed that the idcnt OF the bank was also
member OF tho firm of Grant & Ward, as ward was a
director of tine bank AuG abuNc an a. MI S%ncrF MIN
self was another director, the bank had
constructive nOiirc that tho notes were
merely accommodation paper and That the
fcccptauce uf the uute5 hy tho bank was fraudulent
This answer was verified by Nr KING president Of
the Erie and MED wifh the proper COGrt officer. II
however obtained aud published I'm several papers aud
the publication denounced by Mr. spencer ~ hhcl-
ous The libel begun last spring ia the Supc
TlOr Court, but the defendants motion Wa' trans
ferred the United states Court In the summer no
action was taon because John t. Parsons. counsel FOR
the defendant, was ont ~ town. icw days ago tho
case came ana tho paniin asKrd FOR an ADJOURN
ment, but the Emo people insisted on pressing
the trial. when 20 found that no
adjournment could DO had. WinSate and
Cullen, Mr. spcnccr's lawyers discoutinued. Mr. wiz
gate said yesterday:
There has little sharp practice on both sides
I'm this salt When the sWt transferred 20 the
calendar aud in the regular coursc Il could not have
been argued several months. TIC defendants, how
over managed to bring II uF day or Two ago without
giving NE auy prcVOus notice and insisted ON trial
was net ready AMI too busy 10 give my attention
10 the case. could discontinue by PAYING The costs
which amount 20 the % s.. al 80 aud can now
bring the salt again al my own convenience. think
that that was good stroke OF policy