Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-05-13
THE ETIE
THURSDAY EVENING. MAY ID.

A. 8 w. r. B. SUIT In the Supreme
Cour, of the District of Columbia, on Tuesday,
the case of the District of Columbia ct al. vs..
The Alexandria and Washington Railroad 20.
ct al. came up. The argument in this case
was begun by Mr.. Stanton. The bill Of com
plant sets forth, among other thlngs, that the
corporation of Washington guaranteed pay
ment Of certain bonds issued by the Alexan-
dris and Washington Railroad Company to
the amount of 500, 600, and the company, to
Indemnify the city and to secure the holders OF
the bonds, executed a deed Of trust, Oh April
l9. 1855, to Joseph H. and A. Thomas Brad
ley, conveying to them. as trustees, all the
property OF the company on both sides or the
Potomac river. The company failed to pay
either the principal or interest OF the bonds.
aud the corporation of Washington took up the
bonds to the amount Of $45, 500, which drew
interest from July l, 1851. During the wal
certain persons associated themselves under the
s.yie Of the Washington, Alexandria and
0eorgetoxn Railroad Company, took posses.
sion Of the railroad under an alleged pretended
purchase of the rights and franchises OF the
Alexandria and Washington Company. and
the new company assumed to pay Oft the
obligations OF the old company. ln 1865, Shoe
maker aud Adams Express Company acquired
control Of the w., A. &c. Co., spd 10 Febru.
airy, 1866, they contracted with said W., A. d
G. Co.. in consideration of having exclusive
use of the railroad, to pay of, among other
.uluxs, the drDLs secured by salu deco ol
trust to the Bradleys. But by judicial action OF
the courts Of Virginia, it became manifest that
the W, A. and g.. Go. was fictitious, fraudu'
lent, and unlawfully organized; and ~thereupoo
Shoemaker and the express company abandon.
cd the W., A.. and q. Co., and obtained con.
troll of the A. and w. Co., and became bound
By written contract to pay all liabilities lncur-
red under said deed Of trust to the Bradleys.
Although the court of last resort 10 Virginia
nas decided the w., A. and q. Go. to be a
fraudulent and unlawful organization, the A.
and w. Co., under control of Shoemaker aud
the express company, in order to hinder the
complainants FROM claiming just debts and ef-
iecting sale of said railroad, made a ~coIlusive
agreement With w., A. and G. Co., whereby
that part Of The railroad lying on Washington
side ofthe Potomac was assigned to the W.,
A. and 6. Co, while that part lying on the
Vireiuia side was conceded to the A. aud W..
Co.; and the railroad is now being operated by
the A. aud w. Co., under pretended lease
from the W., A. and G. Co., for that part OF
road on Washington side of Potomac river.
The bill seeks enforcement Of tho agreement OF
Shoemaker and Adams Express Company for
payment of the liabilities Of the A. and W.
Co., in respect of the bonds secured by the
deed Of trust, or 10 default of said payment
that the railroad may be sold for satisfaction
of said bonds. There is a prayer for general
relief.
Among the averments Of the bill is one that
in July, 1868, the Bradleys, as trustees uoder
the deed OF trust to secure the bonds, were
called upon by the authorities Of Washington
to execute said trust and sell the railroad; but
sale was restrained by preliminary Injunction
granted and still pending in case of w, A.
and G. Co. and Alexander Hay VS.. The Mayor,
&c." Demurrer was interposed by defendants
upon the grounds Of pendeUcy of equity in
cause, as shown by the bill, aud also the alb
ssuos of any righton part Of o pIalnants to en-
force the contract with the Adams Express Co.
The case is not concluded.