The times. [volume] (Richmond, Va.) 1890-1903, 1899-04-01

peals rcconycncd this morning at ten
O'Clock with Judges God. Morris. Draw
ley and WaGdu on the bench
The court announced and filed a num-
Der Of opinions and among them:
No. 2ss. ". i. Peasants. special mas
ter. appellant. VS. Southern Railway Conn
pany. appellee. Appeal from the Circuit
Court for the Eastern District OF Viz
cinia at Richmond. Opinion by Judge
Morris Affirmed with costs.
REMARKABLE CASE.
This was an appeal by Mr. Peasants
as "a special master from the order on
the Circuit judge. determning the final
compensation OF the special mast2r APP
pointed in certain causes against tho
Richmond and Danvilie railroad ana otis
crs.
Mr. Peasants and judge Thomas s.
Atkins Vlcasants beingJ clerk OF the
courO were appointed special masters 10
take tho necessary accounts the court
ordered that tho receivers of the railroad
proporty should pay TO each of them Sl2J
Der month from Ine 0afc Ot their appoint
mont on account of their services. their
fun compensation being reserved for lu-
turo consideration.
COMPENSATION.
When the railroad property was sold,
e was ordered that they be allowed.
from the date Of their appointment, at
the rate Of six thousand dollars a year
each until finally discharged By the court,
and 30 appearing that they already had
received on account at the rate OF &lH
per month each. the Southern Railway
Company the purchaser OF tho railroad
property. was directed TO pay TO each the
sum of $500 I'm fun Of the balance due 60
them up 90 August lGr 1895. The Southern
Rilway Company afterwards paid them
5000 each mp 20 August 16. 1895. and con-
tinuod 20 pay them Sl25 per month each
10 the date of their discharge.
ON July "a. 1907. Atkins reported that
the compensation OF the special masters
had been fixed &C 5000 each per annum,
and that they had been paid I'm fun up 20
August TO- 1896. and that afterwards they
had each been paid sl25 Tor eight months
and there was dine 10 each the balance
for eight months and twenty-seven days
% May 70 $780, the date OF their dis-
charge. amounting 10 3445OG each.
RAILROAD OBJECTS.
The Southern Railway Company. the
appellee protested that the amount claim
cd by the masters was disproportionate
10 the services rendered by them.
The Circuit Judge concluded that the
masters had already been sufficiently
pad and that no Further allowance
should be made Them and so the court
decroed
Mr. Peasants appealed. and the in
teresting condition existed Of the clerk
OF a court taking an appeal from the
decision Of his own court.
The decree OF tho Circuit Court was
affirmed with costs.
POSTAL WINS.
No. COS. Southern Railway Company
plaintiff In error. VS.. Postal telegraph
Gable Company. defendant I'm error In
error 20 the Circuit Court for the West
ern District of North Carolina. 40 Green's
boro Opinion by Judge Morris. Writ Il
error dismissed.
The Postal Telegraph Company last
year filed q petition in the Superior Court
OF Gulford county, y. c. TO secure by
condemnation right OF way along the
Southern railway for its telegraph lines.
The case was removed 10 the United
States Court for the Western District
Of North Carolina.
This court ordered three commissioners
be appointed 70 assess the damages which
the railway would sustain by the cree
ton Of the line
WRIT DISMISSED.
Subsequently. upon the petition of the
railway company FOR leave 90 answer
the original petition. leave was granted
10 II. and the order for tho appointment
Of tho cOmmi ssl0ners was suspended.
The answer was filed. setting up much
the same objections that had already
been passed upon. with the additional
allegation Of fact that the railway COM
panv's right OF way was in some places
30 narrow that 20 erect % telegraph line
un0n it as proposed in the petition would
imeprl the safe operation of the rail
road and obstruct or hinder the usua'
travel upon H., and that condemnation
proceedings must be instituted fra each
and every county I'm which any OF the
land used by the railroad company for
its line ls owned 10y It, In fee. To this
answer the telegraph company demurred,
and the court sustained the demurrer
and by IT'S order OF october "a, 1SS. re-
instated the order appointing commits
fioners. To the granting OF these orders
the railway company has sued ont
writ Of error 10 bring the case here Tor
review.
The telegraph company moves 20 dis
miss the writ OF error as granted inn
providently 10 an order which was i'm
terlocutory and not final
The writ of error was dismissed for
want OF jurisdiction.
OTHER CASES.
Other cases decided were as follows:
40. 200 South Carolina and Georgia
Railroad Company petitioner appellant
vs.. Carolina. Cumberland Gap and Chi
cago Railway Company, appellee. Appeal
from the Circuit Court of South Caro-
lima Opinion by judge Brawey. Re
yerscd and rcmanded
40. go. Alexander McCoilum. appel
laut VS.. British Steamship "Anaces."
appellee Appeal from the District Court
for the Eastern District Of North Caro-
lima. ~ Wilmington. Opinion by Judge
Morris Reversed and remaudcd
No. 2e2 NJ. Gillian and G.. Il. Flanary.
90 ais. paintin iu error SIS. Southern
Terra-Cotta Works. defendants in error,
In error 90 the Circuit Court for the
Western District of Virginia al AbiuE-
don. Judgment entered by Judge Draw
iey Affirming lower court
IN case 30. 50L Henry @. King. ape
poilaut. $751; Wm H. Ritter. 81 ais. ape
poilcc Appeal from the Circuit Court Of
West Virginia Motion 10 dismiss the
appeal argued hy Edgar j.. Rucker for
the appeiiDc9.
The Court entered an order modifying
the order allowing The appeal as 20 set
aside that portion thereof which awards
a superscdcas and suspends the diss0lu-
tion ~ said Injunction.
Court adjourned subject 90 call OF pre-
siding judge
NCMTrCTTn rDTIOMC