New-York tribune., 1882-03-04
RAILROAD INTERESTS.
COyTRADICTNG GENERAL BURT.

SYRACUSE, March 3.-Judgc George +. Com
stocl IL retained by The Attorney Generai to con-
duct the suit ~ the PeOll aga 2. the Boston, Hoosac
Tunnel and Western Railroli Company, on being shown
copy Of General Burt's dispatch relating TO the su
made the following statement: Tc my personal know
ledge tie Attorney General. ater full examination
reached the conclusion that the Burt scheme concert
ed in direct aud gross vip tol Of the laws OF the state
and never had lawful t 20 Cyst and that its charter
1t ever had one, ought to be taken away Tn" sui was
instituted under his direction precisely stated already
in the pubic press, and the and complaint have
been served the company anl such other defendants
could be reached within this State Burt aud hi'
associates in Boston viii be served there or by adyer-
tisemcnt, "a the may require. I suppose shall
be mainly responsible for the prosecution Of
this suit, and r'aiy for trial at
any moment The denial that the consolidated
railroad plan OF Bur5 exists at all would be unac;ount
able if it came from any other The document
which is the very c0nso a.On Itself was filed and re
corded in the Office of the Secretary Of state on she lin
of Apr last with the Of Burt signed 10 IT, 1t Is set
forth with perfect accuracy in the AttOrncyGereral
complaint, when has been published On the same day
just mentioned Burt the president Of his own CON
solldaton executed the anomalous and extraordinary
mortgage also set forth in the Attorney com
plant This mortgage Is on record in the County
Clerks Office in this city. In reference TO
the incidental contest about the Syracuse
and Chcnango Railroad, Mr.. Burt's dispatch
says that the Court Of Appeals has Just discharged our
appeal from the order OF the Court below directing the
road to be sold by the receiver This is wholly abrirl-
ton. No such appeal ever brought and therefore
1t could not be dismissed Why should appeal from
the very order granted on applicatonl The
Court dismissed very dEcrcut appeal on the grouni
that it had jurisdiction to hear il, as the matter
discretionary with the Iower Court The order that
the receiver sell this railroad at public auction stands in
full force according to wishes although the proceed
hf- ufgIl
say has got this road by theft fraud and without
buying it, why does he not and take possession
Of fl In previous yet recent dispatch this
person said he had bought all the stock.
own and representabou S25OOOO Of twhch am quite
sure he has bought The dispatch imputes % me
motives wiki which tho public of course has no concern!
but should 10 respect myself n c0Hd entertain
the slightest feeling Of revenge toward people or tus
sort. / am, however, accustomed 10 defend my
rights, and in his instance | represent also
the rights Of my friends and ueghbor~ which are Of
very great c9n.equepce TO them But the public inter
nothing else 10 say on subject motive except that
| represent no rival corporation. nave
West shore ana Buffalo Railroad COMPANY, and
have explicitly declined To enter INTO any such relations
ally untrue, and whatever not 50 Is dec.ptlvey ana
fraudulenty stated The public viii doubtless be wise
Perhaps It would be well 70 have the question
answered whether there II not pending IN our courts
account o bonds not fraudqeutly paed on npon eredu
lou- Engishmrn, issued by the Burt railr'ah
Railroad Company, now in hopeless Insolvency NJ in
formation i rather precise this point Bur see ms
morning, another proclamation the same person,
dated Saratoga Onreadn- this infer that The policy OF
denial before Boston audience ~ facts perfectly well
known here does not appear 70 work well T6ereup"n
confession and avoidance are now IN Order LApADa
tiOn and Justification better adapted 70 ir Pur
poses IN view II IL enough say that the people of me
state OF NewNork will give him fair Ila whenever ne
Is ready Mr. Burt saws that none Of hi. consolidated
bonds have issued. 1 answer that unless l
am remarkably mislnformed SG,OOO,OOO have been Is
sued aud delivered over by him and his confederate.
based on morgaged property which his company never
owned This Iaci Is a. open as the day: mt tn 'ou
sOldated bonds lie at the very foundation Of the scheme
which the people II their suit propose to bring 10 he o"
ofjudgment.
BosroN. March 3.-General Burt president Of the
Boston, Hoosac Tunnel aud Western Railway Will pub
lish letter tomorrow morning in relation 10 the suit
brought by the Attorney General Of NewYork for the
annulment Of the charter of his company
He says the initial dispatch from Syracuse was
published without any notice and without the
complaint OF any stakeholder party Interested in his
coporatlon thai no notice OF such suit has YET been
served upon officer Of the company, not even upon
director that such service has not even been attempted
whom notice has been served He reiteres the charges
OF personal malice against the rival Interests and says
vcstgae this prostitution OF its high offices for personal
| ard malicious ends
d b. Hatch a director OF the Boston. HOosac Tunnel
and Western Railroad, said yesterday that the suit
brought by the Att0rucyGenera had been undoubtedly
begun at the iustigation Of Judge Comstock, who
had been defeated in every suit he had be-
! gun asqinst the company. The officers OF the
| company" Mr. Hatch said, "wcrc in favor at
| one time Of paving Judge Comstock something
to avoid litigation, but he Immediately made eXorbant
| demands aud the company preferred TO fight He has
been thrown out Of Court and mars under defeat The
Generals suit TO nothing for the alle
cations against the company not correct The mort
gage was drawn with particular care and VIII Withstand
any assault The bonds held for the benefit o. the
| construction company ,
| The bonds covered by this mortgage held by the
Central Trust Company None or them has passed ont
OF its hands The trust company has no interest III
| them.
Oncer- Of the New-York West shore and Buffalo Rail
road referring yesterday 20 General Burts statement
that that company had employed Judge Comst"ch To
prosecute the present suit and had furnished iutornd-
Zion On which r. based denied the truth Of the state