Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1875-09-23
from the Washington Star I


from the Washington Start
THE SOUTHERN MARYLAND RAIL.
ROAD IN CouRr.-Yesterday in the
Equity Court, Judge Olin, the case of
the Washington City and Point Look
out Railroad (Suit, Walker and others)
against the Southern Maryland Rail-
road (Smoot and others), for an iniunc-
tion and receiver (in which Mr.. N. +.
Cleary was appointed receiver some days
since), was taken up, General Duncan
S. Walker and Hon. Daniel Clarke for
complainant, and General 8. s. Henkle,
iex-Governor +. z. Stanton, General T.
L. Crittendon, Hon. b. G.. Harris and
E. c. Ingersoll for the defendants. The
Court was occupied yesterday in hear
ing the bill read, and this morning the
answer of the Southern Maryland by
MIR. 8. s. Smoot, its President, was
read. The answer states that the de-
PENDANTS do not know that the franchi-
ses claimed by complainant are enioin-
ed legally; state that Callahan, Cleary,
Burgess, Cook and Loughren, parties
to the suit now hold the defendants
notes (and bonds of defendant received
through the creditors committee as col
lateraD, which are not yet due. Also,
that Star and Ridenour obtained judg-
ment in the Supreme Court Of the Dis
trict, on which a il. ia. was issued and
returned nulla bona, and that this judg-
ment has been assigned to L. G. Hine,
as attorney for Gates, and suit has been
brought thereon in the Superior Court
of Baltimore City, and yet they are par
ties to the suit. The defendants make
a general denial of the charges of bad
management and misapplicatiou of the
funds, and deny especially that the
prices paid for the work were unreason-
able, and aver that such prices were ex-
ceptionally economical, and that the
management of the interests of the
company will compare favorably with
that of any railroad company in the
United States. They show that forty
six miles have been graded and bridges
and culverts built ready for ties and
rails; and that the rights-of-way for
sixty miles have been obtained, $4,000
ties purchased and all legal expenses
paid, aggregating S436,sl3 l3, includ-
ing all outstanding Indebtedness. They
admit the filing of the bill for an in
junction in Prince Georges county, in
which receiver was appointed, which
they aver was without notice, and such
suit has operated to the great injury Of
defendants, although the bill is like that
in the present case-a tissue of SLAM
derous falsehoods. They state that all
books and papers are in the hands Of
the Receiver of the Court, and it is I'M
possible to answer the interrogatories
without access to said books. They
charge that the Washington City and
Point Lookout Company, being rivals
of the defendant, have instigated this
suit, as also that in Prince Georges $
county, Maryland, not for the purpose
Of securing payment of the pretended
debt, which is not just and cannot be
sustained in law and equity, but for the
sole purpose Of annoying and harras-
sing the respondents. They aver that
said Smoot has expended of his private
funds in this enterprise $500, 900, which
with the amounts paid by him for the
purchase of franchises and for general
interest, will swell the amount to S2i0,-
600; that Smoot is the owner of over
two-thirds of the stock of the road
These facts show the necessity and are @
guarantee of an honest, faithful aud eco
nomical administration by said Smoot.
The answers further state that stimu-
lated by interest and individual ambi-
tion TO construct n great work connec-
ting the seat of government with the
sea, he has struggled against adverse
impediments continually placed in the
way of the progress of the work for the
past two years by the malicious infiu-
ence Of S. L. Suit and d. S. Walker,
President and Treasurer of the w.
c. & =. l.. Il. &. Co, which malicious
efforts have eliminated in the proceed
ings in order to prevent, as respondents
believe, the conclusion of negotiations
now in progress, with every prospect oi
success, with foreign capitalists for am.
pie means to pay AL Indebtedness, aud
TO complete and equip said Southern
Mary land Railroad.