THE FARMER'S WAR AGAINST MONOPOLIES. 145 



forbade the treasurer from making any disposition of 

 the funds of the company, and this injunction was 

 respected no more than the law. These trustees had 

 sold the property of their wards at 40 ; they were now 

 prepared to use the money of their wards to buy back 

 the same property at 80, and a judge had been found 

 to confer an them the power to do so." 



The resul": of the fight in the stock market was that 

 Drew was beaten. He made good his contracts at 57, 

 and lost, as was generally supposed at the time, a 

 million and a half of dollars. 



From the Stock Board the battle was shifted to the 

 Courts. 



"On Monday, November 23d, Judge Sutherland 

 vacated Judge Barnard's order appointing Jay Gould 

 receiver, and, after seven hours' argument and some 

 exhibitions of vulgarity and indecency on the part of 

 . counsel, which vied with those of the previous April, 

 he appointed Mr. Davies, an ex-chief justice of the 

 Court of Appeals, receiver of the road and its franchise, 

 leaving the special terms of the order to be settled at a 

 future day. The seven hours' struggle had not been 

 without an object; that day Judge Barnard had been 

 peculiarly active. The morning hours he had beguiled 

 by the delivery to the grand jury of one of the most 

 astounding charges ever recorded; and now, as the 

 shades of evening were falling, he closed the labors of 

 the day by issuing a stay of the proceedings then pend- 

 ing before his associate. Tuesday had been named by 

 Judge Sutherland, at the time he appointed his receiver, 

 as the day upon which he would settle the details of 

 the order. His first proceeding upon that day, on find- 

 ing his action stayed by Judge Barnard, was to grant a, 

 10 



