The Indianapolis journal., 1889-10-14
NEWS IN SUNDAYS JOURNAL.
Resume Of the Principal Events at Home and
Abroad Published in the Issue Of Oct. 10.

Abroad Published in the Issue OF Oct. 10.
Fifteen persons were injured in a railroad
wreck In Delaware.
A man supposed to be j. l. Easer was
killed at a railroad crossing near Lima, y.
at Wetherly, Pa, by boarder, win whom
she had had quarrel.
A statue of the French explorer. La Sale.
was unvailed at Lincoln Park, Chicago.
The statue cost SSo,OVO.
John H. Hains. United States consul at
Bagdad. reports that cholera is raging in
that section of Asiatic Turkey.
A Pennsylvania woman who has been
struck by lightning four times has sustained
no injury beyond losing consciousness.
Van Turner was stabbed to death and
three other men seriously cut by Thomas
Hall, Breathitt county kentucky ruff
fan.
locomotives and buildings, at Brockway-
vile, Pa, on which there was $35, 900 in
eurance.
Six months ago George c. Hazewell stole
$4,000 from his father at Hartford, Conn,
and has since been enjoying himself until
Friday. when he was captured at Portland,
Me-, by his uncle.
circular sent out by the Central Traffic
Association notifying railroads to double
the rate on tank cars is supposed to be
scheme of the Standard Oil Company to
drive independent oil dealers out of
the market.
While working in a mine near Scranton,
Pa, Herman Frager was imprisoned in
narrow chamber for fifteen hours by the
caving In of large mass OF coal. When
fnaliy rescued he was found to have sus-
tanned bat slight injuries.
N. w. Nutting, Republican Representa-
tive in Congress from the Twenty
New York district, has resigned. on account
OF serious illness. Governor Hill has issued
proclamation calling for a special election
on Nov. TO I'LL the vacancy.
,IFrom ne second Edition OF Sundays Journal.l
In Support of His Authority.
The questions arising from the appoint
ment of K. Il. 4. Peirce receiver of the l..
ID. IL s, by Judge Woods, and the setting
aside thereof by Judge Gresham, are occu-
pying some. space in the legal press. Judge
Woods. in the Chicago Legal News of Oct.
q. publishes a five-column article in which
he sets forth the reasons why receiver
was appointed, aud refers to Judge Gresh-
ans authority In the matter In the follow
ing words: "Tbe District Judge holds
not as deputy of the circuit
judge. but by direct authority and require
ment of law, and when sitting alone in that
court is clothed with all the powers and
jurisdiction which could be exercised therein
by the circuit judge or circuit Justice or by
both of them sitting together. Growing
out of this equal authority of tho three
Judges IN the court when sitting alone 1t
has become the rule of practice manifestly
essential to the orderly conduct of business
that Judge who has entered upon a case
shall continue In 1t to the end unless he
shall choose to quit 1T or to invite one of
the other judges to sit with him, and when,
for any reason, a case passes from one
Judge to another. rulings already made are
not reconsidered. unless upon request OF
the judge who made them. or of all parties
concerned, it being deemed better that any
question of error In such rulings be left for
the Supreme Court than that q rehearing
should be had in the Circuit Court by q
judge possessed there of no higher author
ity than the judge who acted in the first
The facts of the matter are these" said
Judge Woods to reporter of the Journal
last night. " the case was voluntarily dis
miss ed by the plaintiff. on Aug. 81. and on
Sept. there was received at the federal
courts here from Judge Gresham an order
dismissing the case. This was accompanied
by his opinion. But the case having al
ready been dismissed, Judge Gresham's
% but held held 0BH'0H By the were clerk R0' until lsH
he should give further instructions as to
what should be done with them. But in the
Inter Ocean. of Sept. 2. his opinion APP
peared in print. and in the next issue of the
Legal News, on the 7th, it also appeared.
Thereupon i prepared my opinion, and
placed it in the hands of the clerk with in
structions that it should be kept with
1t upon the files if the formers opinion ever
went there"
HAS Judge Gresham any right to annul
your appointment of receiverf"
Well" was the reply, ''in a case re-
ported in 1st Dillon. Judge Miller declared
that the judges of the Circuit Court, the
district judge and the Justice of the Su-
preme Court. when sitting in the Circuit
Court should have equal powers, and that
1T was improper for one to Overrule the
action or order of another. In another case,
reported in 1st Sawyer. Judge Field ex-
presses himself in substantially the same
way; In yet another case Judge McCreary,
OF the Eighth circuit, ruled In q similar
manner. The uniform practice of the
courts, so far as know, has been in this
manner. and there is no precedent before this
one Judge undertook TO refute the action of
another in the same court. After putting
my opinion in the hands of the clerk,
learned that Judge Gresham had published
his opinion, and sent a copy of mine first
to Judge Gresham, with request that he
forward 1T to the Legal News, and asked
him, before he did so. to make sugges-
tions and such corrections that he wanted
or that ought to have been made, and then
forward it to the Legal News, in which his
opinion had been published. Judge
Gresham returned my opinion, declining to
do this. but naming some objections both
In relation to law practice and matters of
fact. In matters of fact made some alter
ations that / thought fit, and proper to
make and then forwarded the opin-
ion as corrected to the Legal
News. 1t was published in that
Journal on the 9th ult. Judge Gresham
was not asked to take any action in the
case at all, and though he denounced the
bill of procedure as fraudulent in this re-
spect. and favoring the bondholders over
the labor claimants Immediately on set
ting aside my appointment he offered to
make an appointment of receiver himself
If certain amendments were made in the
petition in respect to the fraudulent char
acter which he had attributed to it,"
Bismarck and the Czar.
copyright 1885, by the New York Associated Press.
BERLIN, Oct. 12.-Prince Bismarck will
have another conference with the Car to-