Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-03-15
RAGS Relative 10 the Southern
Maryland Railroad Company.
WASHfNGTON. Id, G, March III.

Maryland Railroad CODtpdap:
DEAR SIR: The current publication of gross
ard slapdeIous Misrepresentation touching
the southern Maryland Railroad Company,
originating rs they Go, IN a source whose spec
ulative motives are as transparent as they are
disrepUtable, renders the following statement
Of facts, at once, matter Of justice to the Com
pany and of proprfety to the public, whom Il
deceive
In the first place 1t is to be observed that the
claim OF every Judgment creditor OF the South
eIn Mary land Railroad Company. With the
single exception OF Judgment for $3.50, and IN
elusive or the claim which is represented by
the Judgment In favor of Starr & R.denour for
SS,eeO. has been fully and fiaalIy settled either
IN cash or first mortgage coupon bonds Of the
Company. The exception alluded 10 is In pro-
cess OF instant settlement
In the next place, every bona-fide simple con-
tract or other debt Of the Company, not reduced
70 judgment, has been fully discharged by first
mortgage coupon bonds OF the company.
Again, the only mort cages existing upon your
road are the mortgages which have been eye.
cuted and recorded during the current year
QSSD TO secure the existing issues of first and
second mortgage ponds, respectively. the one
amounting TO the par value OF S, GOO, 600. the
other TO $780, The preceding issues OF ponds
nave Deen retired and destroyed. and the mort
gagea oy which they were secured, have been
released, as appears by the certificates OF the
clerks OF the courts of the three counties
through Which the road passes. These certifl-
cafes ave Deen exhibited 10 the undersigned.
TheSe facts were perfectly We'll known TO the
author OF the ltoels above referred TO az tha
Time trey were penued.
1t IS likewise perfectly well known to this In.
gehious INDIVIDUAL that the largest judgment
against the Southern Maryland Railroad Chm
pany. TO wit: one for 500. O00--was recovered I'm
the circuit court of ST. Mary's county Md. on
the 10Th of September. 1878. by the late Luke
W. b. Hutcbins, whose death took place In this
City Cd the 10th day OF February, 1851; that the
pIeposterous claim to this judgment advanced
In behalf Of the Washington City and Point
Lookout Railroad Company, rests upon no other
foundation than that which is supplied by an
eXecutory agreement made by Mi. Hutchins on
tDe "a OF August, 1877, whereby he contracted
40 MS hep RNendng ht Of action
Dany on condition that the washington
City and Point Lookout Railroad Company
would perform certain precedent acts and
obligations, none OF which have been. In fact,
performed by that company, either wholly or
In part; that, at the time OF making this
agreement and In proposed effectuation of
It's te rms, Mi. Hutch1nS signed an order upon
the clerk OF the court directing the latter to
enter The action to the use OF the Washington
City and Point Lookout Railroad Company:
TO the parties representing the latter company,
upon the express understanding that lie was 10
De used only In the event that and after the
Washington City and Point Lookout Railroad
Company should have fully and faithfully per.
formed the conditions precedent mentioned In
tbe agreement for assignment; that on the 9th
OF September, 1875, Mr. HUI chins assigned $4,000
OF his judgment to his attorneys, MeSsrs. Root.
Z. Combs and James II. Wilson, of Leonard
town, Md; that on the 10th of october, 1878. In
derogat1on and violation Of the above men
tioned agreement for assignment, which had
become absolutely null and void by its own
limitation, the aforesaid order upon the CLERK
was presented TO him and the Judgment en-
tered by him, in the discharge of mis- purely
ministerial functions, to the use OF the Wash,
iDgtOn City and Point Lookout Railroad Com
panJ: that on the oath OF December, 1879, MIR,
Hutcbins, being legally advised that the entry
mus made upon the docket was a nudity
and must be so declared by the court upon
Oil filed to set it aside, united with his
asslgnees In settling the Judgment upon the
ern Maryland Railroad Company; that pur-
suant TO the terms of that proposition, Mr..
Hutchins, thereupOn, entered suit in the Cir
cult Court for ST. Marys county against the
Washington City Point Lookout Railroad
Company TO set aside the above mentioned
entry, as We'll On the grounds aforesaid a5 be-
cause OF actual fraud In Its procurement; that
the money, less $1,000, which was then and
there paid TO Mr.. Hutchins and the first mort
gage coupon bonds of the Southern Maryland
Railroad Company, which formed the consid-
are deposited with the undersigned, L. A. Lam.
bert, esq, to await the event OF the foregoing
suit; that the allegations OF Mr.. Hutchins' bill
have been fully sustained by his testimony,
ard the defense may be regarded as practicaIiy
abandoned, since the defendant did not see fit
TO cross examine Mr. Hutch1ns, neither has it
adduced a particle of evidence in its own be-
half; and that the cause is set down for hear
Ing, In regular course at the present (Marchl
Tel 10 OF the court above mentioned.
1T Is also PERFECTLY well known to the disin-
SenuouS individual referred TO that the alleged
obligation OF the Southern Maryland Railroad
Company which is held by the Washington City
and Point Lookout Railroad Company is In tn
FORM OF draft for S, 900 bearing the acceptance
or The former; that the payment OF this draft
was conditional upon the construction Oy the
washington City and Point Lookout Railroad
Company OF railroad from Brandywlne sta
tion In Maryland TO the City OF Washington, TO
connect with the Southern Maryland railroad at
the former place; that no part OF this condition
mas ever been performed: that the draft is there.
SHOWN 10 be oy overwhelming PROOF iii cause
IlI9. Equity, In the Circuit Court for Prince
Georges county, Nd; that the consciousness
OF this fact operates TO deter the Washington
from attempting TO prove the validity OF Uhis
acceptance before the special auditor ap-
pointed for the purpose OF taking such proof,
by order OF the late CHIEF Judge Brent, passed
On the Esd OF May, 1879, in cause No. 1850 In
the same court; that this order. which, likewise.
receivers, dissolved the injunction
ern Maryland railroad, was passed on the Joint
petition OF all the actual creditors of the road
and with the acquiescence OF the state OF Mary
land, which appeared, In this behalf. by IFS
board OF public works and attorney general;
that IL was passed, moreover, with view to
facilitate the now existing organization of the
COMPANY anu 10 ass! ST IL In the settlement OF
Its debts; that from this order an appeal was
taken by the Washington City and Point
Lookout railroad company alone; that 10
The argument OF the case known as No.
l6, special docket, before the court OF
Appeals OF Mary land, In December. $780, the
state OF Mary land. by It's attorney general,
united with the undersigned attorney for the
Southern Maryland Railroad Company In re.
5tsttng the pretensiOns Of the Washington City
and Point Lookout Railroad Company; that the
latter's appeal was, thereupon, dismissed aud,
In the opinion rendered by the court the state
OF Mary land was declared to be stockhoider
OF the Southern Maryland Railroad Company
by virtue OF Its subscription OF Sl63, 900 70 the
latter's capital stock; and that it is, therefore
Incorrect TO infer that the state OF Maryland Ia
inirilcal TO the construction Of the Southern
Mary land Railroad Company, under It's present
organization, and IL is an unmitigated false
hood TO assert that the former Is creditor OF
lhe latter 10 the extent OF $40 600, or at all,
The malevolence OF the traducer of your road
Is slgnaily exhibited by his suppression of the
oate OF ms alleged letter from ex-State Senator
Mu0o, Whlch supplements his most recent
caIuMDy. This letter was evidently written at
aperloo-some fve or six years ago-When the
allegeo existence OF abuses under a former
organization OF the company led to lepslatiye
inquiry with view to their redress I'he ram.
coy, however, was supplied from within. and
action Dy The state authorities was rendered
unnecessary. The latter, as we have shown
are at The present time heartily enlisted In be,
hall OF the company. AS q holder In q Iarra