The Evening critic., 1882-01-18
THE EVENING CRITIC.
The suit Against the Alexandria
& Washington Raiiroad.
ESTABLISHED Angus

The Suit Against the Alexandria
& Washington Raiiroah.
The motion of Gen. II. II. Wells cpunsel
for Alex. Hay, TO place the Alex xtndrit &
Washington Railroad in the hands Of a r..
ceiver came up before Judge Hughes, in
the United States Circuit Court of til,
eastern district of Virginia at Alexandria
yesterday, and was Immediately autlgon-
izcd by plea to the jurisdiction, first on
the ground that a similar suit is pending
in the State court, viz: Fowle, Suowdcn
& Co. VS.. the Alexandria * Washington
Railroad Company. in which a motion TO
appoint receiver has been pending for
several years, ard second. because the Dis
triot of Columbia and AIcssrs. Joseph III.
and A. T. Bradley, trustees of the corpora
ton necessary parties to the suit are not
subject to the jurisdiction of the court. The
argument on the subject involved the his
tory OF the road. The company originated
in misconception, for the legislature
gianted the charter under the belief that
the road was to be operated on a new plan
requiring no cuts nor fills.
The Alexandria & Washington Turn
pike Company gave it the right of way un-
der the delusion that the turnpike would
not be injured. The corporation of Wash
ington guaranteed 100000 of its bonds by
mistake, supposing the road would be
very profitable one and amply able to pay
its debts, and these three mistakes built
the first road 1t has been controlled in
turn by Mr.. James S. French, who in fact
was the original Alexandria & Washington
Railroad Company; by the United States
Government as n military road; by the
Adams Express Company by the Alexan.
dria. Washington & 2~Gcorgetown Railroad
Company Messrs. Stevens & Phelps and
Receivers Clephanc and Lathrop, until
now, when it is controlled by the pennsyl-
vania Railro ad Company, which built the
magnificent viaduct across the Long bridge.
The suit of Hay VS.. the Alexandria and
Washington Railroad. has for some years
past been going ON in the United States
Court, while a similar suit, begun in 1857
by Fowlc, Snowden & Co VS.. the Alcxan-
dria & Washington Railroad, has been
going on in the State courts. This suit,
which lay dormant during the war and
during the time in which the Alexandria,
Washington & Georgetown Railroad
Company superseded the Alexandria &
Washington Railroad Company, awoixe
when the Alexandria, Washington &
Georgetown Railroad was declared null
ity, and after various appeals, &c, reached
on the 9th of January, as is claimed, posi-
tion in which it could be proceeded with
to a conclusion, so that the questions
which came up to-day had three forms ::
First, shall any receiver be appointed I
second, shall the United States Court ap-
and the appointment of a receiver be left to
the State court? Upon these questions
Gen. II. II. Wells appeared for Hay; Francis
l.. Smith for the Alexandria & Washington
Railroad Company; Joseph ii. Bradley
trustee, and Hon. Eppa Hunton and John
Selden for the trustees of the deed to the
corporation of Washington; Francis Miller
to watch the interests of the District gov.
ernment, and Messrs. William Wattles and
Leonard Marbury for Joseph Thornton, a
creditor of the road. The motion was
argued at length, and was not concluded
when the court adjourned.
National Hotel Arrivals.
Geo. Jno. Barry, Miss Z. Barry. Jos.
Doudcan, New Brighton, S. l.; S. Lloyd
Wiegand, f. p. Smily, JOS w. Cooper, w.
b. Cunningham, Phila. o. T. Griffen, N.
Y; II. w. Vail, New Haven, Ct. J. A.
Fulton, J. w. Smith, s. A. Lapsley, r. l..
tin, Jno. w. Mason, Grafton, w. Va; Jno.
A. Pepperday, Pittsburgh, Pa. Geo. n.
Newbury, f. Van Dure, Troy, Pa. A. NJ.
White and wi.c, Brock port, n. Y; Jno. E.
Wood. Oakland A. Friedenthall n. Y. {;
w. H. Baker Va; w. II. Graham, Idaho;
W. C. Hatch, city; Rev. Dr. Saul, Phila.;
Hon. Z. J. Henkle Md; J.. Blakeney,
Westwood, n. ]. Thos G.. Williams, n Y;
IL. Klein, Pittsburg; C. II. Lyeth, u $. n;
r. S. Towne, n. Y; Miss Louisa L. Miller,
Culpeper, Va; Miss Lizzie Waite, Culpeper,
Va; c. +. Miller, Culpeper, Va; II. F.
Weed, n. Y; J. +. Stevens, Manchester; J.
S. Batten, Swedesboro, N. j.; J. A. Batten,
Swedesboro, n. j.; r. NJ. Hughes, Norfolk;
w. J. Bellen, Syracuse, n. Y; j. A.
= Kelly, Syracuse, New York; A. X.
Teele and wife, Milton, Massachusetts,;
Harry Spielman, New York; L. Miller,
Newark, n. j.; Edw. De Buck and wife,
New York b. l.. Gregory. Brooklyn, Ind
Greenville Gaines, Warrenton Va; Wm. S.
Wilcox, Adrian; Ben. Goodman, Philadel-
phia; T. Stokes, Baltimore; A. NJ. Scott
Charleston, West Virginia; G. II ParmeiC
and wife, Rochester, N. Y; Alfred +. Potts
Indianapolis Ind; c. NJ. McLoad, Ashe
Vile, n. C.; S. +. Sawyer Cape May, n J..
S. +. Ware and wife, Wilmington, Del.
Mrs. Z. l.. Saxon, New Orleans, La; II. G
Curtis, Des Moines Iowa; j. If. Bancaly
Brooklyn, n. Y; Geo. Lcndment, Philadel
phia Geo. ID. Mcdonald aud wife, New
York S. H. Marshall, Charlottesville, Va.
S. z. Mccormick, Grafton, West Virgin a
James Stephenson. Omaha; George f. Shaw
Rock Island; i. d. Mccham, Chicago; Jas
Toman, San Francisco G. Il. George
BALTIC. Nd; John r. Ashly, Denver; Johu
4. Kennedy, Orleans, Neb.; John L. Lyon
and John A. Carroll, Nd; Mrs. Capt Tan
ter and Miss Wilson, Mankato, Mimi.
Panpr for the Public Printer.