New-York tribune., 1907-10-05
MERRY FRICTION WAR.
Clash Ovcr Receirerships - Inter
myer Uithdra7cS Also.

For n time yesterday II looked as II there would
be vigorous and direct clash between the federal
and state courts in respect the various receiver
ships and receivershlp proceedings concerning the
street railway system Of this city So alarming did
tho situation become that tho federal receivers for
the New York city Railway Company and the Met
/ ropoitan Street Railway Company fearing the ap-
pointment Of receivers by Justice Seabury In the
Supreme Court who would try 10 seize the property
OF the companies, applied TO Judge Lacombe for
protection United States Marshal HeukeI and his
deputies took charge Of the property
Toward evening, however. hostnties ceased Jus
tice Seabury did not appoint the receivers and
probably will not do until week. II at all.
The understanding is that II Justice Seabury under
the state laws. does appoint receivers for the COM
panIes. the question Of Jurisdiction as between the
federal and state receivers shall be taken into the
federal courts and rushed speedily may be
TO the United States Supreme Court
Attorney General jackson renewed his ap2lica ton
yesterday before Justice Seabury for the appoint
meut Of temporary receivers for the New York Citv
Railway Company and the Metropolitan Street
Railway Company. which had been adjourned from
Thursday when Paul D. Cravath demanded a week
TO prepare his answer. Samuel Unteruvcr apDeared
for the two railway companies and Herbert H. Lin
burg, one Of the Hearst lieutenants last year was
Joined with the Attorney General as counsel for
some of the Metropolitan stockholders
AS Mr. Cravath had done. Mr. Untermver asked
for a few days postponement to permit him 70 ba
come familiar with the case, into which he had
been dragged hastily. He declared he had not had
time even to examine the moving papers Justice
Seabury said that phase of the case had been gone
into fully by Mr.. Cravath and the arguments had
seemed poor that he had set the case down for
argument the next day.
Then followed lively and acrimonious areu-
m'h'' covering nuch the same points were
brought up by Mr.. Cravath the day before
But all Mr.. Untermyer's pleadings did not cause
the justice to change his opinion about the inn
mediate argument OF the case. so finally Mr. In
termyer withdrew just as Mr.. Cravath had done
Then Deputy Attorney. General Mott declared
that the Attorney General was appearing in no
half OF the people to attack what he believed 20
be Colusive proCeediLE, and ask for the dis
solution Of "A bankrupt company which the pro
ceedings in the federal court were aiming 10 nro
tect to its existence Mr.. Limburg contended
that federal court really had no Jurisdiction in
this The Attorney General and he both sub
mitted papers. and allowed until Wednesda,,
to submit briefs
Meantime, Messrs. Joline and Robinson the fed
eral receivers. had become so alarmed when Mr.
Untermyer withdrew from the case that Mr. JoItna
scurricd hot-foot TO consult Judge Lacombe He
and Arthur II. Masten were cioseted with the Judge
for . long time and then Judge Lacombc sent for
Marshal Henkel and verbally ordered him to take
charge Of the railroad companies property and see
that the receivers were not disturbed and that none
of the property removed by any one
Marshal Henkel and three deputies went To the
main Office of the New York CITY Railway Com
panN at NO h-I Irod'iWlN. ana thiee deputy
shals went the barns of the Third avenue
company, in Third There they waited for
the enemy. None appeared. and toward evening
Mr. Jone learning that the battle had been post
poned. least for time. telephoned the news
after which the deputies withdrawn
4 mechanics lien for SIS S65 81 has been fled
against all rights privileges. tracks, etc of the
New York City Railway Company in First avenue
extending from seth street to l25th street by the
Atlantic Cement Company for balance due for
cement sold to the railway company between July
Is and September &c.