The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1893-05-26


Miss Martha j. Cairues, daughter Of the
late George Cairnes and sister of Mr. George
r. Cairnes, Secretary of the Hartford Fire In
surance Company, died on Tuesday morning,
May 23i, at the residence of MIR. }. Wilson
Galbreath, near Jarrettsville. Miss Cairnes
was ill with consumption and was visiting at
Mr.. Galbreath's when she died. She was
buried yesterday at Bethel Presbyterian
Church.
THE BALTIMORE AND LEHIGH RAILROAD
The Baltimore and Lehigh Railroad trains
continue to run, Notwithstanding its financial
troubles On Friday last Judge Walters is
sued peremptory injunction directing Win
field j. TAYLOR, the trustee under the deed of
trust from the Baltimore Forwarding and
Railroad Company, to abstain from any inter
ference with the control and management of
the Baltimore and Lehigh Railroad, or inter
| ference in any manner whatever with the re-
ceiyer, William ii. Bosley, and the agents or
persons employed by him in the prosecution
| of his duties as receiver. The Sheriff OF
Baltimore city on the same day read this in
| junction to the agents at Baltimore, and the
Sheriffs of Baltimore and Hartford county read
| it to the agents in their respective counties.
In York, Pa, Judge Bittenger appointed
| Winfield j. Taylor receiver for the Forward
| ing and Railroad Company, and his agents
appear to have charge at that end of the line,
but Mr. Bosley, the receiver appointed by
Judge Waters. is in full control from the
| PENNSYLVANIA State line to Baltimore city.
Mr. Bosley has named W. Il. Crumpton as
General Manager of the road, while Mr.. Tay-
| lor has appointed g. NJ. Manifold to the same
Office In hemeantime Mr.. Taylor has charge
| of the books and papers of the railroad com
pany.
| Mr. Bosley, upon taking charge, it is said
assured the railroad employees that their
claims would be among the first paid.
On Monday Winfield J. Taylor, the trustee
appointed in the case, filed motion in the
| Circuit Court for dissolution of the injunc-
| ton. Judge Walters appointed Thursday
| morning for hearing argument in the case.
A meeting of the bondholders of the Balti
more and Lehigh railroad was held in Balti-
more on Monday, to take steps to protect
their interests in the complicated legal fight
in which the road is now involved. COM
nllLI6e, COUslStluS VI <hiCAahuSi bip"H, W.
w. Spence and George c. Jenkins was ap-
pointed to represent the first mortgage bond
holders and John X. Cowen, s. Frank and
NJ H. Houseman were likewise appointed a
committee to represent the general mortgage
bondholders These committees met and de-
cided to recommend that trustee Taylor urge
upon the courts of Hartford and York counties
the appointment of Judge William A. Fisher
as receiver for the whole property.
On the sd instant Mr.. Bosley petitioned the
Hartford county court to be advised and aid
ed in 1ischarging his duty as receiver. He
was authorized TO institute proceedings in
the Circuit Court of Baltimore city for the
purpose of setting aside the deed of trust to
Winfield j. Taylor. Leave was also granted
Mr. Bosey to take testimony at Bel Air and
in Baltimore city in support of his petition.
Testimony was accordingly taken by Col.
Ohio s. Lee in Bel Air and by Mr.. Frederick
Dallam in Baltimore, on Wednesday.
Mr.. TAYLOR filed motion for the dissolution
of the injunction and Judge Waters appoint
ed Thursday morning, at $50 O'Clock, for
hearing arguments thereon.
On Thursday morning the motion to dissolve
the Injunction YVES argued before Judge Wat
tiers. Winfield j. Taylor, Geo. L. VanBibber
and r. r. Boarman appeared for Mr.. Taylor
and S. A. Williams and Col. d. G. Mcintosh
for the plaintiff.
Mr.. TAYLOR asked for more time in which to
take testimony and prepare his case. He had
been hurried here this morning without hav-
ing had time to consult his counsel or even
get his breakfast. Also that due notice had
| not been given him of the time liked for TAX
ing testimony or hearing this motion.
AZ al al cpiI haf &rhi rpin ha
regretted that Mr.. Taylor had not had his
| breakfast, there are hungry men on the rail
| road, too, who are not only without their
| breakfast but have not had their wages for
some time. This is matter of public con-
| Germ, as delay, for even day or two, embar-
raises the operation of the road. He said Mr..
| TAYLOR had found time, after Judge Walters
| had appointed a receiver, to have deed of
trust executed to himself, IN order to avoid
| the operation of the order of his court. 1t
should be determined at once who shall have
possession of this road. Mr.. Taylor's only
| Shield is bald and empty deed of trust made
after hearing of the action of this court.
THAT is not true" exclaimed Mr.. Taylor.
| 1.-THE proof is here,'' rejoned Col. McIn-
| tosh, ssthat this deed of trust was made two
hours after your Honor appointed a receiver.
! The books should be surrendered and an at
| tachment for contempt issued against the
trustee who is virtually defying the power and
authority of this court" g. --r
| UeOTS6 L. ucu tudb suCL
summary and extraordinary power of the
court should be exercised only on some great
| emergency. In this case two other courts are
| claiming jurisdiction and it is important that
the several receivers should have their proof
| presented in due form. Mr.. Taylor only ask
| ed for reasonable delay of a few days in
order to get his case in shape.
| Judge Waters said this is case in which
the public safety is involved in the proper
| running of the road and therefore he had
named an early day for hearing Mr.. Taylor's
motion to dissolve the injunction He could
not see any reason for postponement. The
matter must be settled. Mr.. Taylor had
ample notice, for this hearing is on his own
petition. He would not determine the validi-
ty of the proceedings of the Baltimore city or
| York county courts. They determine theirs
determine mine.
Mr.. Williams then read testimony to prove
that on the 18th of May, after Judge Walters
had appointed Mr.. Bosley receiver, Mr. House
man, in Baltimore, was notified, and the noon
train south was held for nearly an hour at
Baldwin station, upon orders from Mr.. Miller.
Mr. Williams argued that Mr.. Taylor was
merely the agent of the Baltimore Forward
ing and Railroad Company, and not party
to the suit, and therefore subject to the opera
ton of the injunction requiring him to give
up papers, the same as any other employe.
Mr.. VanBbber argued that the injunction
should be dissolved for the reason that Mr..
Taylor is in possession of the property by
order of a court of competent Jurisdiction.
Mr.. William also argued against dissolving
the injunction and Mr.. Boarman in favor of
the motion.
Judge Waters, upon the conclusion of the
argument, signed an order over-rul1ng the
motion to dissolve the injunction. Judge
Walters also told Mr.. Taylor he was techni-
called in contempt of court and gave him UNI
til Saturday morning, May 9th, at 10 O'Clock,
to turn over the books and papers to Receiver
Bosley.