Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-09-03
GIVE NOTICE TO-DAY.
Af. l. Il. Hysr viii Formally Demand
What He Claims Are His Rights.
HALF THE TRACTION FRANCHISE.
This Ix What He Says He II En-
titled to Under His COntrnct-Mr.
WiiIlams Makes n Statement in
Cinn~ctIon With the Matter.

l
| Richmond Traction Company. has re-
turned from New York. and this morning
through his counsel. Messrs. Stiles q
Holladay will serve formal notice upon
the corporators Of the latter corporation
demanding what he deems to be his
| rights.
Here is copy Of the notice which
will be served:
RICHMOND. VA, September 3, 1885.
To John w. Mlddendorf, John Il. Will
IIams. Everett Waddey, Il. Shirrens.
=. Il. SHIELD. c. T. Child. and W. T.
jenkins. and, through them, TO each
and every party who, on or since the
sth day of August. 1885, has been asso-
| ciated with them. or with any, or with
either OF them in the premises:
Take notice that l.. II. Hyer, In behalf
| Of himself and associates, claims 10 De
/ entitled to a fun one half interest In the
| franchise recently granted by the CITY
| Council OF the city OF Richmond, Va, 10
| John w Mi1dendOrf. John l.. williams,
Everett Waddey. Il. Shrreffs. i. Il. SHIELD.
| c. T. Child, and ". +. jenkins, and as
| socia,es. TO build and operate an electric
| street-car line I'm the said city, on Broad
and other streets, said interest being
claimed under contract bearing date
/ August O. 1898, entered into between l..
! h. SHIELD ana associates, through 4. u.
SHIELD and l.. H. Hyer, In behalf OF MIN
| self and associates, one original Of which
| is In the hands OF said i. Is. Sheild ana
| one IL in the hands Of stiles 4 Holiday,
| attorneys at law. lOli east Main street,
| Richmond. Va, the latter being open e.
| your inspection; and. II the rights OF the
| said L. H. Hyer and associates are nos
recognized and conceded. that they in
! tend forthwith to apply TO the courts IL
enforce their rights IN the premises.
This formal notice is not intended as an
| implication. or even admission, that you
have not all along been aware OF the
rights and claims above asserted.
| AGREEMENT WITH MIR. SHIELD.
The object Of this, Mr.. Hyer says. Is
to get his full interest in the Richmond
! Traction Company, as claimed W MN
under the following agreement:
NEW YORK, August >. 1888.
! s. H. G. Stewart. Esq, No. Az Wall street
New York City:
Dear Strive. the undersigned. L. II.
| Hyer. Of Washington. u. C.. and Philip
/ y. Sne!ld. OF Richmond, Va, have us
| day entered into the following agreement:
| That both Of US being interested in the
| procuring Of a franchise for, and the
! construction OF a street railway on Broai
! street in the city Of Richmond, Va. with
/ collateral lines, have made me follow
/ ing agreement: That we hereby bind our
selves In our own behalf. and for our
| associates. mutually to cooperate one
! with the other in securing a franchise
| for said railway and 20 divide equally
| between us and our associates whatever
may bee realized from the enterprise first
! deducting from said amount whatever
! actual expenses may have been incurred
| by either side. such expenses 10 be PAID
| out Of the first money realized from said
enterprise.
II is further agreed between us that
the deposit already made with the State
Bank OF Richmond Va. by Mr.. l.. ii.
Hyer or his associates IS TO stand and
remain intact as II now IL for the purpose
Of securing the franchise aforesaid, sub
ject to any conditions for the withdrawal
thereof made by Mr.. Hyer with the deposit
tor after the 18th day Of August. and. fur
| Their, il is agreed that the application and
| franchise t. be presented 10 the Com
mon Council OF the city Of Richmond
shall be Of Richmond Traction Com.
| pany for the building Of an overhead
trolley railway or cable system. Among
ourselves We will decide what names are
proper t. be used in tn franchise and
the policy We Will use In procuring the
same. Yours very respectfully,
lSigned PHIL u. SHIELD,
l.. II. HYER.
Mr. Hyer contends that al the other
promoters. OF the conduit company turned
/ over the1 rights to himself and Nj
| SHIELD. and that he was given no interest
| In the traction company. He claims that
! 1t was entirely through his Efforts That
| the $1,000 was placed in the state Bank
as a forfeit Of the conduit company IN
case 1t got certain amendments TO rs
franchise through the cay Council.
MIR. WILLIAMS SURPRISED.
Mn John L. Williams was seen by
! Dispatch man last night and asked what
! he could say in reference To Mr.. Hyers
/ plan Of action or Of the alleged contract
! with the traction company. He said:
Il must express my surprise at seeing
! the names of such respectable and inteli-
/ gent gentlemen as Mcssrs Stiles anu Hoi-
| laday embodied in such document az
that notice. AS far as the traction com
| pany and my part I'm II are concerned. u
/ seems to me arrant nonsense.
1--WE were invited to n lp In securing d
| charter for the traction company without
any complication. Parties interested In
/ previous efforts gave the entire matter
/ and the absolute control or the enterprise
/ TO US and we and our friends secured
/ TN. INCORPORATION. The franchise given
| IL the traction company was not
| given to u.s. and our friends
as a thing TO be disposed Of on the market
at a price.
"The city Of Richmond has incorporated
the traction company TO build the Broad
! street railway. Tomorrow we Will de-
| post $1,000 In Richmond city per cent.
| bonds with the Treasurer of the city. and
proceed as rapidly and energetically a.
/ possible with the work.
1--WE have no idea Of selling the fran
! chise; but will at once organize the COM
/ pany and elect its officers
THINKS HE HAS NO CLAIM.
From what Mr. SHIELD has told us
in the last few days Of his dealings
with Mr. HyeI, we have no idea that Mr..
/ Hyer has any claim upon him.
III Mr. SHIELD and Mr. Hyer have any
misunderstanding between them. 1t In no
way concerns ourselves or the traction
! company.
when Mr.. SHIELD and Mr.. Hyer were
NEGOTIATING. the traction company had
/ no existence. 1t was then imposslNs
/ for them TO bind or in any way affect 1t
or ourselves. Now thar the traction COM
many has been incorporated, and has
! done no act to complicate Itself, IL must
absolutely ignore Mr.. Hyer
eve recognize Mr. Hyer only as NOR
! tai enemy OF the enterprise" said Mr..
] Williams In conclusion. who by his pub
Hcation in the Richmond state on the
afternoon previous TO the meeting of the
| Hoari OF Aldermen. endeavored to pre-
vent it's Incorporation. We recognize this