Evening star., 1896-03-24
PUSHING THE ROAD
Legal Complications Over the Co
lumbia and Maryland Line.
NO INTERRUPTION IN TIE WORK
Statement of the Situation Made
by President Douglas.
A CONTRACT FOR CARS

There have been many expressions Of re-
gret in this city during the past few days
that the Columbia and Maryland Electric
Railway Company, which has for some
months been engaged in the construction
of an electric railroad between Washington
and Baltimore, should run against snag
in its operations. as seemed to be indicated
| was the case when Messrs. Z. d. Smith &
Sen. the contractors, filed bill in one Of
the Baltimore courts. askirg for the ap-
pointment Of a receiver for the company.
alleging that the terms of the contract had
rot been performed by the railway COM
pany.
A Star reporter, who had q conversation
with President Henry I. Douglas of the
Baltimore and Catonsville Construction
Company, which is to a certain extent COM
posed of the same parties who are the
| stockholders of the Columbia and Mary
| land Railroad Company, was informed by
the latter that there Is no reason to antici-
| pate any trouble to his company, or that
there will be any delay in the completion
of the line.
President Douglas further stated that the
suit of Messrs. E. d. Smith & Son has been
entered as a sort of offset to a suit for
$1sO,00O damages against the latter by the
| coI struction company for non-fuliillment of
contract, which was filed in the United
States circuit court at Baltimore more than
a month ago. and President Douglas au-
thoriZed the following to be made as his
official statement of the matter:
The Cempany'a Statement.
''On the 7th of August, 1895, contract
was entered into between the Baltimore
and Catonsville Construction Company and
E. d. Smith & Son, by which Smith agreed
| to furnish all materials, except bridges to
nd lcto l.
| way, under distinct specifications, between
Baltimore and Eilicott City, and Baltimore
| and Washington. The work Of grading the
road bed and building the masonry was
| begun shortly thereafter and continued
without interruption until January 2l, 1886.
| on which date Smith notified the company
| that he declined to proceed with his work.
The construction company not only had
| performed every obligation of their agree
ment and met every payment as they be-
came due, but have gone further and made
advances to Smith for materials furnished
sucn as rail and fastenings.. cross ties and
i stone, but not used. which. under their
| contract, they were not required to pay for
| until laid. There has never been COM
| plant made by Smith, and In the nature OF
| things complaint was not possible, because
| of the absence OF all cause for complaint.
| when Smiths proposal for the work was
submitted, 1t was upon the full and clear
| understanding. and upon a printed form
payments for work done should be made in
| the bonds of the Columbia and Maryland
railway. He knew Of the charter of that
| company, and there has been absolutely nc
change liz any respect since the agreement
| was entered into.
THE Baltimore and Gainesville Construc.
ton Company does not recognize the right
of Smith to abandon his work and he has
been notified that, in accordance with the
| terms of his contract, the railway will pro-
ceed, and has proceeded to construct and
| complete the work under his contract, and
| to charge the cost for doing the same to
Smith. The work has never stopped one
hour, except when caused by bad weather
and is being pressed With a full and eff
clent force. The railway company entered
| suit several weeks ago against Smith, and
| intends to hold him responsible for any and
| all damages which he may cause the COM
pany.
Condition of Work.
| THE construction Of the Ellicott City
branch OF the system. kr own as the Ed.
monston Avenue. Catonsville and Ellicotl
| City railway, is far advanced. The gra6ine
| ana masonry are nearly completed. The
subcontractors for this are J. S. Patterson
| & Co. Messrs. jones, Pollard & Co. have
| the contract for laying the track OF this
| five and one-half miles Is down and bal
lasted. being the north track from Calver.
ton to the Rolling road. near Ellicott City
| and work on the south track will commenc.
| at once.
"Messrs Jones & Pollard have laid the
north track Of the part of this branch with
| in the city limits of Baltimore from the
| Baltimore and Potomac crossing of Frank
| lin street, on the latter street to Monroe tt
Saratoga as far east as Fremont avenue
| The south track has been laid as far cas-,
| as Calhoun street.
| The grading and masonry on the branch
from Wa. a.'hington to Laurel is two-third.
completed, and much Of the bridge work
| has been done. Work is being rapidly pushe,
on the subway between the Baltimore anG
| Ohio tracks on Rhode Island avenue in
| Washington. The entrance to the nationa
capital is on Rhode Island avenue, thence
| to North Capitol street. thence to the ter.
| minus at North Capitol and f streets. The
| subcontractors on this division are Messrs
| i. L. Bush & Co. and Shea & Hall of Mary.
land and NJ. F. Tally of Washington. The
last named will lay all the tracks
''The rail and fastenings and crosstie.
| Will be delivered for the double track be
tween Baltimore and Ellicott City on Apri
j, and between Laurel and Washington or
| April 20 The complete equipment of the
| power houses Of the company, consisting OF
the machinery, engines, boilers, generators
| pumps. switchboards, ETC., has been con
tracted for, and Contractors w. Webber &
| GO. have begun the foundat ton of the power
house at Leicester. 1t is proposed to begir
| work on that at Lakeland near Hyatts
| Vile, at an early date.
1t is intended within a week or two t
| award cor tracts for thirty-six cars forty
three feet in length, ,vestibuled and equipped
in all respects as steam day coaches, and
as heretofore stated. there will be no de
parture in any wise from the busy activit,
| of the past six or more months"
| AS heretofore stated, in The Star tn,
| Messrs. Smith went into court last weel
and, through their attorneys, filed suit t.
| recover d1O G30.93, claimed to be due fol
construction work, and at the same timt
/ asserted
the company were not properly made out
| and were therefore invalid.
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