The herald., 1893-02-26
THE NICKEL PLATE ROAD
MR.. BURKHART WILL CONTEST THE
POSSESSION OF THE LINE.
He Claims That the Purchasers Have
Done Him a Wrong-Mr. wttmcr
Says That the Dicker
Is All Correct.


will be some disputing and lawing owe
the recent sale by Wilmer Boos. to E
9. Hunt of the "Nickle Plate road," tn,
dummy line running from the end O
Temple street to Hollywood, distance
of five or six miles. The controversy i
between II. B. Bnrkhart and J. W
Wilmer, cashier of the Cslifornis
bank and a member of the firm O
Wilmer Bros.
Mr.. Burkhart was seen yesterday
morning by HERALD reporter, and
gave as his version of the affair the &C.
count which is given below. Mr.. Burk
hart has been pegging away at the road
for the past year or two and seems to
think that there is small fortune con-
cesled ir the plant.
The affair dates back several years,
and is indirectly the result of an old
lawsuit. g..
About two years ago Mr.. Burkhart
states that he, in company with another
man named Thompson, obtained from
the Wilmer Bros. lease on the
Nickel plate road for number of years,
with the privilege of buying the road
within certain time. When the pair
took possession the road WAS in a hor-
rible condition. The tracks were
over-grown with weeds and in
many places covered with dirt.
BurkhartNays he put $4,000 into the
road and by dint OF hard work got the
track into running shape. Some dis
agreement between him and Thompson
arose and lawsuit followed. Judgment
was found against Burkhart. In order
to effect compromise he told Mr.. Wit
mer to take his share of the road. The
compromise WAS shortly made for 5000
and costs. The original lease became
null.
The road was idle for a number of
months until one year ago, Mr.. Burk.
hart says he received letter from Mr.,
Wilmer asking him to come to the
California bank and arrange about run
ming the road again. There was some
talk at the time by the supervisors of
having the railroad forfeit its right of
way.
Burkhart went to the bank and Mr..
Wilmer, he says, wrote in lead pencil
on the back of the letter the conditions
under which Burkhart was to run the
road. In substance they provided that
5000 rent be paid for each one OF the
first three years, and $500 for the fourth
year. Five years were given to Burk-
hart in which to buy the road If. he SO
desired, the price being set at
$4,000. The lease could also
be renewed. Burkhardt said that he
would frat take the lease home and
show it to some persons. After consult.
ing them he says he brought the agree
ments to Mr.. Wilmer and proposed some
minor changes in them. They were sat-
isfactory to Mr.. Wilmer, who inserted
them into the first propositions and told
Burkhart to 60 to work. Neither Mr..
Wilmer. nor Mr.. Burkhart signed this
paper. but it was kept by the latter.
1t was also agreed, he claims, that for
the first years lease Burkhart was to
take up the old track from FiIot 1t.voSUo
the Temple-street station, distance OF
nearly one mile, and it was to represent
$3.50 This work he performed, and be-
fore doing it deposited in the bank the
balance, $50. He then proceeded to clear
away the years accumulation on the.
track. A spur of about 200 yards in
length was put in, running up to the
cable line. About $3.50 was also spent
in renovating the engine. A few months
ago trips were begun over the line.
Within the past month or 80 large
number of passengers have been carried
over the road, which began for the first
time to yield revenue OF any size.
On Monday Mr.. Burkhart stated that
he came to Los Angeles. In his absence
boy was sent out to the train with a
telegram which he would deliver to no
one but Mr.. Burkhart. Ae soon as he
had returned from Los Angeles Mr..
D. 1. &oII 6 y ka,r pI
diately went back to Los Angeles look
ing for the telegram, leaving the dummy
engine in charge OF his son, D. W. Burk-
hart, aged II years. E. @. Hurd, E. H.
Hutchinson, the ex-street superintend-
peared upon the scene and told the boy
that the road had been sold and to get
out OF the engine. The boy refused and
Hurd caught hold OF him to throw him
out. The boy held onto the throttle.
but was finally pulled away and pitched
bodily out of the engine. The engine
was then filled with Mr.. Burkhart's coal
and the cars and every thing run to Hol-
lywood, where they have been kept ever
since.
Mr. Wilmer was seen yesterday after
noon by HERALD reporter, but declined
to talk about the sale. He assured the
reporter that there really was nothing
in the affair to rueh into print about !;
that he (Mr. Witmer) had sold the
plant and conveyed it to Mr.. Hurd, and
that was all there was to it. Burkhard
had had the use of the road for two
years, he added. Mr.. Burkhart has
taken legal advice in the matter and will
fully test the case before the courts If
necessary.