The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-07
THE NEW YORK ICE TRUST.
Extra Session Of the Appellate Court
to he Called.

|
ALBANY, July s.-Upon his return to
this city on Monday next Governor Roose-
| welt will, it is said, issue a proclamation
converting an extraordinary term OF the
| Third Appellate Division tc hear motions
by the Attorney General to vacate the
orders Of Justice S. Alonzo Kellogg stay
ing further proceedings before Referee
Myer Nussbaum against the Ice Trust.
Despairing of getting Justice Kellogg to
rescind his own orders the State officials
having charge Of the Ice Trust case deem
this the wisest course to pursue and this
will undoubtedly be done. Justice Kellogg
being an associate justice Of the Third
Appellate Division will therefore be dis
qualified from sitting in judgment on the
merits Of the case.
Attorney General Davies said that there
were no new developments in the litiga-
ton except the serving of the stays issued
today, and that so far as his depart ment
is concerned nothing would be done in the
matter until the Governor had been con-
suited. The decision of the medium court
will be final
The Attorney General is anxious to have
the stays set aside because Of the fact that
the Appellate does not meet until Sep
TENDER, and a decision would probably not
be forthcoming until October. This state
of affairs would postpone further action
against the ice company during the sum-
mer months. The Attorney General is de-
sirous OF securing what he considers as
valuable testimony from the officials of the
company and the examination OF the COM
pany's books, but the legal bar interposed
TO his getting at such information will In
no wise deter him from fighting the Ice
Trust in the courts to the bitter end.
The Ice Trust officials made another
move today to stay proceedings to dis
solve tine trust Both stays were issued by
Justice s. AIonzo Kellogg, OF PIattsburg.
They were issued to Offset Justice Allen
Chester's decision refusing to make per-
manent the temporary writs OF prohibition
granted by Justice d. Cady Herrick. Yes
terday's stay, which was served on the
Attorney General, puts stop to the pro-
ceedings instituted before Justice Chase
until the Appellate Court shall pass on the
appeal from Justice Chester's decision re-
fusing to vacate Justice Chase's order au-
thorizing the proceedings. The stays served
today relate solely to the examination Of
President Charles W. Morse and the other
officers of the American Ice Company be-
fore Referee Nussbaum.
These stays, like the preceding one,
were secured on affidivits of Attorney
David Wilcox. counsel for the ice COM
pany. The affidavit upon which was Sc
cured the writ relating to President
Charles W. Morse sets forth that If the
examination of Morse shall be permitted
to continue, his legal rights as well as
those of the other officers Of the company
will be violated without any adequate
remedy for such an abuse OF power un-
less the stay be granted.
The other affidavit on behalf of the cor
pOration seeks protection for Charles W.
Morse, Robert A. Scott, John T. Sproull,
Harry p. Morse. William H. Gelsheimer,
and other officers of the company. Mr..
Wilcox rehearses that 1t is the intention
to move the appeal from Justice Chase's
order in the appellate division as speed
lily as possible and that the stay is de-
sired because. it is alleged, continuation
of the proceedings will work irreparable
injury to the officers of the company who
would be deprived of their liberty without !
due process CT law.