Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-04-01

was written by Judge Morris. who gOe
INTO the merits of the case at grea
length, quoting many authorities. Thi
court dismissed the writ of error 70
want of jurisdiction.
The Peasants Case.
Another very interesting decision wa.
handed down in the case of NJ f. Plea
SAINTS, special master appellant, against
the Southern Railway Company. appellee
Argument was heard February 18th last
by Judges Morris Brawley. and Waddill
and the opinion is by Judge Morris
Inc case was an appeal by NJ +. Plea.
SAINTS from an order of Judge Gof. OF the
Circuit Court, entered May 49, 1898 de-
termining the final compensation of the
special master appointed in the consoli-
dated cases Of Clyde and others against
the Richmond and Danyille Railroad
Company and others and the Central
trust Company, Of New York, against
the same defendants.
by an order entered August l6. 1892.
Messrs. NJ. f. Peasants, Clerk of the
court, and Thomas S. Atkins were ap-
pointed special masters TO hear evidence
ana take the necessary accounts, and re-
port to the court the amount and nature
OF all the Indebtedness OF the Richmond
ana Danville Railroad Company. and
whether secured by mortgage. pledge. or
| other lien upon any portion Of the cor
porate property. On November Il. 1892
upon petition Of these special masters
the court ordered that the receivers of
the railroad property should pay to each
Il them Sl25 per month from the date Of
heir appointment on account OF their SER
ices, their full compensation being re-
rived for future consideration.
THE COMPENSATION RECEIVED.
On November II. 1885, the railroad pro.
rty having been sold under a decree Of
'reclosure entered in the cause. upon
'Ae application of the special masters TO
ave their compensation fixed, IL was or
dereo that they be allowed. from the date
OF their appointment, at the rate of S. 600
year each until finally discharged by
the court; and II appearing that they
already had received on account at the
rate of 1928 per month each. the Southern
Railway Company, the purchaser of the
railroad property, was directed TO pay
TO each the sum of Sl3,50J in full of the
balance due TO them up to August 16. 1895
The Southern Railway Company after
wares paid them 5000 each, up to August
10. 1886. and continued TO pay them SIPS
per month each 10 the date Of their dis
charge. In a decree, passed Nav u 1887
the special masters were finally dis
chaised, and Thomas S. Atkins. as sole
special master. was directed To report
"hat amount was due 10 the special mas
tefs under the DEGREES heretofore en-
tered. On July IA, 1897. Atkins reported
that the compensation OF the special mas
tiers had been fixed at 5000 each per
annun, and that they had been paid in
fun up TO August l6 1885, and that after
wards they had each been paid SIS for
eight months, and there was due 10 each
the balance for eight months and twcnty-
seven days TO May ". 1897, the date of
their discharge, amounting TO 3,445.06
EACH
JUDGE GOFFS DECREE.
The Southern Railway Company filed a
petition protesting that the amount claim
ID by the masters was disproportionate
70 the services rendered by them judge |
3or held that the masters should have |
'een discharged earlier, and the Judge |
supposed that they had been discharged |
omc time before the order to that effect |
vas actually signed; that their duties foi |
ome time before their discharge had I
zen comparatively light. and a decree |
vas entered that the special masters had |
lready been sufficiently paid. and that no
urther allowance should be made to
hem.
iNii VI t-NiO-N VI it1E COlNJ.
The opinion Ia the appellate court sus-
aims Judge Goff and closes with the |.
GLOWING statement:
1T was Just this class OF facts which
appears the Circuit Judge took. into
ccount in deciding that the appellant had
cen sufficiently compensated. He con-
dered the small amount Of work which
he special masters were called upon Ia
o for some time before they were dis.
harged. the triiing nature OF the claims
'hieh towards the last they were re-
uired TO pass upon, the fact that the
Dpeilants regular occupation was not
'terfered with, the fact that ne hsd
zen most literally paid for other SER
Ices In the same case. the fact that The
'ecial masters might have been earlier
scharsed without detriment, and
'ould have been discharged, but