The Providence news. (Providence [R.I.]) 1891-1906, 1894-03-21
HEARD in COURT.
One More Rescript Handed Down in
Springfield Bond Case.
Another Rescript Decides the SIgnif-
canoe OF Clause I'm the Judiciary
Act--Other Court Matters.

The rescript relating to the Springfield
Railroad Company's bonds case, the one of
greatest public interest which has
been handed down this term, was
filedstoday I'm the clerks Office OF the APP
pellate division. IL overrules both the
demurrer of the committee on city debt
and also that of the city of Providence.
By the terms Of the City Ordinance, No.
bonds Of the Providence & Springfield
Railroad Company, the Mayor
payment of the bonds only
by and witk the advice OF the committee
on the city debt. Their advice is con-
sequentiy necessary to the Mayors ac-
saGa %sseo rha. on being sSs City 'as debt cons Is
part OF the fundamentally
for the carrying out by the city of the ac-
ton which IL Is the purpose OF the bill
to enforce. We think, therefore, that, in
accordance with well settled principles,
the committee on the public debt were
properly made parties to the bill. Their
demurrer 10 the bill is overruled.
The. bill AYERS that the bonds have all
been sold and negotiated. II this be SO
the Providence g. Springfield Railroad
Company have ceased TO have any interest
in the bonds and no relief being prayed
hBdlust tuc .SOuAo HOI
properly have made II a respondent. Had
they doneto the bill would have been
clearly demurrable.
The Public Statutes of Rhode Island,
chapter 1872, section 10, provide that any
person on making it appear that he
is interested in the subject mat,
ter OF ID suit, may be allowed
to become a party. II the Providence &
Springfield sRairoad Company are
still the holders OF the bonds,
as alleged, when that fact appears;
it may be permitted by the court 10 be-
come party to.the suit, il the complain
ants do not voluntarily amend their bill
allegations OF. the bill, OF which
alone, on demurrer, we can take cogni-
zance, we do not think that the Provi-
dence & Springfield Railroad Com
pany is entitled to, be made
party, ;,,. c,n and !, poI;eae. hence ;ron, the
porated in its answer, based on the ground
that the bill is defective for the nonjoin-
der Of that company must also be over
ruled.
Significance OF Clause Defined.
An opinion was handed down In the
appellate division this morning cstab-
fishing the significance of another
clause in the new Judiciary Act
of which there had been conflicting in
terpretations. The opinion related to the
case Of Edynrd a +. o'connor
brought up in the Sixth District Court
two months ago, and from there sent up
to the Common Pleas Division on the
ground that 1t was beyond tho jurisdic-
ton of a. district court
snd ss sstits sopner e rsnea snnG oBren ss
refused to vacate and suit was brought
against him. IL was a case OF estate be-
tween two men who were not in the rela-
tion OF landlord and tenant, and Judge
Sweetland ruled that the judiciary act
did not provide for ! its settlement in his
the dismissal. The ex -eption is sustained
and the cage Is RENTED TO the
District Court of the Sixth Judicial Dis
trict with directions to take off the dis
missal and to enter judgment for plaintiff
for possession and costs.
Deputy sheriff Lynch's Demurrer Sus-
tanned.
The demurrer OF Deputy Sheriff Michael
b. Lynch, plaintiff in the case against
Charles II" Earle, to the defen'
ants amended special plea, .
sustained in The appellate division al.
the case remitted to the Common Pleas
Division OF the County OF Kent.
A Rcscript Withdrawn.
A rescript was handed down this
morning in the case OF Charlotte r. Dodge
ct al. VS.. John w. Hogan ct al, In
which it is stated 8 rescript,
handed down March 3, Was
given because of the court being misledby
q statement Of counsel; hence 1t is with
Continued on Page 2)
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