Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-04
|, BALTIMORE CASE.
OF JOHNS HOPKINS uNrvER-
sITy ARGUED.
rHgF-JUSTICE FULLER ON BENCH.
,nstitution Claims Interest on
yearly Million Dollars of stock
lam the baltimore and ohio Rail-
-,,d-Hcaring 90 Continue To-day.

Tho case Of the Johns Hopkins Uni
..,.,t,. appellant. against the receivers
che Baltimore and Ohio Railroad
',,-,pany and the trustees. under mort
.ss made by the railroad company.
,-e up for argument in the United
s..,es Circuit Court Of Appeals yester-
l.v afteu.oon. Much interest was evinced
Il ,hc case. and the courtroom was
,-sudcd during the afternoon.
t-s.cf-Justice Fuller arrived in the city
,t9.a o'clock. and sat In the case with
r.r,nit-Judge Simonton and District
.aire Jackson.
Tho argument was opened at O'clock
ny 500. Bernard Carter. Of Messrs. Car
,sr a. Brown. Of Philadelphia. for the
srpellant. and his address occupied the
whole Of the afternoon session Of the
court. which closed few minutes be-
f,re 5 o'clock. Judge Fisher, of Balti-
more and Mr.. John G. Johnson. Of
Philadelphia. viii appear in the case to-
day FOR the appellees. and Senator
George Gray. OF Delaware. will close the
argument for the appellant.
FACTS IN THE CASE.
The case comes Up in this court on an
appeal from decree in the United
states Circuit Court for the Maryland
District The facts Of the case. as set
forth in the brief Of the appellant. are.
briefly. as follows;
Taa; under the provision Of the Act OF
Maryland 1875, chapter 1896. and certain
supplements. the State Of Maryland adj
vucei 20 the Baltimore and Ohio rail-
road 100000 receiving stock for the
same AT various times since its acquisi-
ron the State Of Maryland parted, for
un value. with nearly all the said stock.
That az this stock the petitioner holds
EN.u57 having acquired it, for full
value by direct assignment Of the State
OF Maryland.
Tina, by virtue of the contract between
the state and the company. there is pay
able 20 the holders of the stock s Yer
cent IN each year. payable semi-annual-
ly out Of the gross profits of the COM
rlry That from the time of the pay-
ment by the State Of Maryland of the
10000 up 10 and including January 1.
$50 the company always paid to the
state OF Maryland and it's assignees the
sum Of per cent. in semi-annual install
ments on January LIST and July LIST.
ITS DEMANDS IGNORED.
That the petitioner has made due de-
nand on the receivers for the payment
~ the instalment Of per cent. on its
holdings. due July 1, 1896. that though
the gross profits of the company have
been ample TO pay the semi-annual divi-
oil % . 100
receivers had refused to pay It, but. on
the contrary. disregarding the priority
% which the stock is entitled, paid out
Of the earnings of the property Of the
interest on certain mortgages
heretofore made on the property OF the
said company, and also on certain mort
cages Of other companies guaranteed by
The Baltimore and Ohio Railroad Com
Dany. all of which mortgages and guar
intees are much later in date than the
ssue OF said stock.
The petition also AYERS that the hold
PTS OF said stock. by virtue of the charge
lr lien. which they have on the gross
irofts. have a first charge or lien on
N property. real and personal, and fran
hises OF the said company.
OTHER BUSINESS TRANSACTED.
The following gentlemen were admitted
ss attorneys and councillors of this
-ourt after taking and subscribing the
usual oath: Bernard Carter Esq. of Bal
.lmore. Md: Senator Gray, of Whining
ION. Del. and John G.. Johnson, Esq. OF
Pa.
AT the morning session of the court
Judges Golf, Simonton, and Paul pre-
sided.
on motion. by consent, the case Of
barore "Brandywine. appellant. vs..
Peter Quillon. master tug Emma Kate
Ross" appellee, ordered to be docketed
and stand for argument at this term.
No. 239. w. J. Flipper, petitioner. APP
reuant. VS.. receivers Norfolk and West
err Railroad Company. appellees, appeal
from Circuit Court Eastern District of
Virginia. at Norfolk. Cause argued by
Edgar Allan and Judge Edmund Wad-
din. Jr. for appellant, and Robert NJ.
Hughes, appellees.