National Republican., 1875-09-10

The Case in Court-Response Of the Company.
Wednesday In the Equity Court. JUICE Olin,
the case Of the Washington City and Point Look
out railroad (Suit, walker and otbers) against
the Southern MARY land railroad (Snoot and
others.) for 30 injunction and receiver, Tin which
Mr.. N. F. Cleary was appointed receiver some
days since,) was taken up, General Duncan s.
! walker and Hon. Daniel Clarke for complaint
ant, and General S. s. Henkle, Ex-Governor T.
P. Stanton, General T. T. Orittenden, Hon. B.
T. Harris and E q. Ingersoli for the defendants.
The court was occupied yesterday In hearing the
bill read, and this morning the answer OF the
Southern Maryland by Mr.. s. s. Smoot, its
president was read. The answer states that the
defendants do not know that the franchises
claimed by complainant are organised legally;
states that Callahan, Carey, Burgess O,ok. and
Loughren, parties to the suit, now hold the de-
fendsnts' notes, (and bonds Of defendant received
which are not yet due. Also, that Star and Rid
epour obtained Judgment in the Supreme court
o. the On which .is fna Ssa
been assg ned to L. g. Hine as attorney for Gates
ana suit has been brought thereon In the superior
STe 81 n h; II.
make Q general denial Of the charges Of bad
management and misapplicatiou Of the funds,
work were unreasonable, and aver that such
prices were exceptionally economical, and that
the management OF the interests OF the company
company in the United States. They show that
40 miles have been graded and bridges and cul:
verts built ready for ties and rails that right
Of way for 90 miles has been obtained, 900
ties purchased and sll legal expenses paid,
sKgregatfng s4sesls.l3, including all outstand-
ing indebtedness They admit the filing OF an
injunction in Prince Georges county, In which .
receiver was appointed, which they aver was
without notice, and such suit has operated 70 the
great injury of defendant, although the bill Is
like that in the present Casa tissue Of SANDER
ous falsehoods. They state that all books and
papers are In the hands Of the receiver Of the
court and 1t Is impossible to answer the interroga
tories without access TO said books. They charge
that the Washington City and Point Lookout Com
pany, being rivals Of the defendant, have insti-
county, Maryland, not for the purpose Of securing
payment OF the pretended debt, which
Is not Just and cannot be sustained In
law or equity, but for the sole pur-
spOndents. They aver that said smoot has
expended Of his private funds IN this enterprise
500, GOO, which with the amounts paid by him for
the purchase Of franchises and for general inter-
is the of two thirds of the stock Of the
road. These facts show the necessity, and are 0
guarantee, of an honest faithful and economical
administration by said Smoot. The answers
further state thai, ,.stimulated by interest, and .
laudable ambition to construct great work con-
meeting the seat OF government with the sea, he
has struggled against adverse impediments con-
tinually placed in the way OF the progress OF the
reference Of 5. T. Suit and d. S. Walker, presi-
dent and treasurer Of the W. u. p. L. r. r. Co.,
which malicious efforts have eliminated In these
proceedings in order to prevent, as respondent be-
gTess with every prospect Of success, with foreign
capitalists for ample means to pay all Indebted
ness, and to complete and equip said Southern
Maryland railroad.