The times. [volume] (Richmond, Va.) 1890-1903, 1894-01-21
WILL NOT RECONSIDER.
DECISION or the ARBfTRAroRs IN
A cELEBEATED cAyE.
A History Of the Controversy in "hie"
0rover Cleveland and Many of"e'
Prominent People Were Sued.


q, Tho case OF wits u. Smith aSains
Mason and others. and dismissins u"
hin OF the complainant, have deciineo y
reopen the award and grant recohs''''
alton. When sccn yesterday Judge S'ap'''
said that an arbitration board hao "'
,,ou,cr 10 recall an award after IT Is made
II would be similar TO an attempt on u"'
mart OF q court 10 reopen q case Up"
.nc.acdfur term 1T ~ final 80 Ear as '"'
90, 4. concerned" said Judge Staples
.~rhe award was made ana ente1eu ~
tho records as the judgment OF the couIe
,vncn a reconsideration was aSh'u ~
notice was given that there were any ne"
facts 10 consider. and aside from 'ne "a, y.
that the award Of an arbitration pvaiu
anal when II sits upon q single case v.
could not have entertained tne Ied"0"
on such conditions .,
,rhe case in question grew CUT o.
80. ono which contains many inter-
.e,,,,, features. not 10 speak OF us I'M
..,,,.. IA the state Of virginia. Inc
su,t of Mr.. Smith was instituted May -
1rgI ana was against James ~ n"soi''
~ A. hazard George :. coe. ana teVrse
a. Wmiams. individually and IS partners
trading under the style Of the fupiic Deu'
Adjustment Company; r. T. olco..
liam H. Bull. Henry Bridge I. -. DicNeS,
In Hugh X Garden. John GU, 1roVer
s,leveland. r. j. Phelps. the Central trust
.o,nnanv Brown. Shipley < CO., London
Arm whose individual names are not
Erown. the Mercantile Trust and Depost
ronuanv and the Planters NailOnai baiih'
OF Richmond. defendants.
,rhe object OF this suit was 10 recover OF
the defendants the sum Of 5000 for the
plaintiffs services In connectlon WIN me
Virginia debt question. 10 cohPei INC
Foreign Council OF Bondhoders 10 Cease
their litigation with the state, ana to uniie
the foreign and American holders; 10 at
tatcb any estate Of the defendants in this
state. and especially the Sl-2 per cent.
commission due on Virginia bonds TO the
attendants. or any OF them. owing 10
their being deposited in any bank IN TINS
state, and especially IN the Planters
National Bank or said 3 IL per cent. com
mission on any bonds delivered 10 the de-
PENDANTS or any Of them, in satisfaction
OF said bonds, and 10 attach any money
and bonds brought into the State for the
purpose. or deposited in the depository.
provided by the act of Assembly OF
March :. 1890 by said defendants, or any
of them.
Surprise for Grover.
The service Of process was procured
conference here with the Virginia Debt
Commission.
President Cleveland however. was
greatly surprised when the process was
served upon him. He was at the time
the guest of the Broadwater Club, and
had been doing a deal OF duck shooting
at Hog Island When Sheriff Jarvis, OF
Northampton. received directions to sum
mon Grover Cleveland TO appear at the
8. 1892. the Northampton officer was like
wise surprised. and would not execute
the paper until he had wired back to
Richmond. and ascertained that President
Cleveland was the one 10 whom the
telegram referred. lie then went over
TO Hog Island. and served the paper.
when the Chief Magistrate of the nation
CALCULATED. II have been sued" and then
turning 10 the sheriff. said: "Can you
tell me anything about this?'
II cannot. sir" replied the sheriff. "All
that know Is that these papers came
TO me in the mail. and ii is my duty to
serve them"
An examination Of the papcr showed
that Mr.. Cleveland was wanted at the
Chancery Court IN Richmond as a de-
PENDANT IN the suit brought by Mr.. Smith.
The process was chiefly n matter Of
form. however. and Mr.. Cleveland didn't
come TO Richmond, as was hoped, but
remained az Hog Island while. and
continued to make IT hot for the web
footed bipeds in that vicinity He devel-
oped into something Of marksman be-
fore leaving.
Review of The Case.
The answer of Grover Cleveland was
filed in the chancery Court January "a.
1893. An attachment was issued against
the Planters National Bank, the agent
or the Olcott committee. In the trans
mission OF the State bonds to the Com
monwealth, In pursuance of the con-
tract. an indemnifying bond was given
by the Central Trust Company for the
oicott committee 10 indemnify the Plant
ers National Bank against any decree
I'm the cause OF Smith against defendant.
in order that no delay should occur in the
fulnlment of the contract of the Olcot,
committee with the State of Virginia.
In the suit OF Wills ID. Smith after
some volumnous testimony was taken
and the answers of the defendants in
Guiding that of Grover Cleveland were
Med II was recognized that the ordinary
process OF the courts would involve so
much delay In the disposition of the case
that the proposition for arbitration was
submitted by the complainant and ac-
cepted by the defendant Judge James
Keith, Judge Waller r. Staples. and Alex
ander Cofe-a trio equal In al, respects to
an appellate tribunal-were accordingly
chosen. After an elaborate argument By
the counsel and a patient consideration
by the arbitrators. an award was rem
dered abating the attachment, as issued
without sufficient cause. and dismissing
the bill OF the complainant
In View. however, of certain circum-
stances connected with the cause the |
arbitrator saw tit TO impose the cost that |
accrued during the litigation upon the !
defendants who have. In pursuance Of |
the terms of submission. accepted the |
non sequiter. and discharged The liabili- |
ties consequent
In the termination of the controversy |
between Mr. Royal and Air. Gueon and |
the counsel of the foreign bondholders. |
and the disposal OF the arbitration OF the !
cause OF MIR. Smith against Mr.. Mason |
and others. there Is an end of litigation /
incident TO the public debt. and the pub
lie Is 10 be congratulated that this much
vexed question has been finally adjusted
II Is represented that the legal points
involved in this argument were very in
terestlng. and 10 some extent novel.