Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-09-12
N EW NOV e NJ A D e
seaboard Ar Line Charges q Breach Of
Contract.
Suit Filed Against the Southern-The
Lattor's Position Stated In
an Interview.

The Seaboard Air Line wants $780, 600
from the Southern Railway Company for
an alleged breach Of a contract, the orig
ir al OF which was entered into January II,
1877. and which was supposed by all aware
OF Its previous existence, except the rep
resentatives Of the Seaboard, to have ceas-
ed to exist In 1ss2-the paper having been
made effective for five years from date.
Suit to recover the above sum was enter
ed yesterday In Baltimore by the Seaboard
company. the owners of the BAY Line
OF steamers, under the corporate name of
the Baltimore Steam Packet Company,
against the Baltimore. Chesapeake and
Richmond Steamboat Company, the cor
porate name for the Southern Railway
Company In Maryland, SO far as the own
ershlp or the steamer line on Chesapeake
bay is concerned
The claim of the plaintiff Is based upon
an agreement which it is admitted was
entered into between the two companies
January IL, 1877, for five years. and there
a1ter until six months after written no
t1ce of the defendants or plaintiffs inten-
ton to terminate the contract whichever
should first occur, and so long as the
plaintiff should observe the contract that
the defendant would not permit any steam
er- or steamers by 1t owned or controlled
to touch at Fortress Monroe or at Norfolk,
Va Tor the purpose Of receiving or deliv-
erins passengers or freight, and would not
eitner alone or in connection with any
other person or corporation, directly or in
directly, carry on such business.
The penalty for a breach of the contract
was liked at $4,000. The Bay Line (or
seaboarO people claim that they have
faithfully observed the contract, but that
on or about July 1, 1896, while the contract
was in force, the defendant permitted
steamers, by it owned or controlled. to
touch at fortress Monroe and Norfolk for
the purpose Of receiving freight, passen-
gers. etc.
This. briefly stated, is the position of the
Seaboard Air Line Company in the matter
The SOuthern's Position.
How the alleged contract is looked upon
by the Southern railway officials can best
be stated in the words Of one of their prin-
clpal men, as told last evening in Baltimore
to Star reporter. as follows:
'On or about July 5 last the executive
department Of the Baltimore Chesapeake
and Richmond Steamboat Company receiv-
ed from the president of the old Bay Line
a letter inclosing copy of the contract re-
ferred to and notifying us that our action
in permitting the steamers of Our lire or
under our control to touch at Fortress
Monroe and Norfolk for the purpose of re-
ceiving and delivering freight and passen-
gers to and from Baltimore, and in exer-
cising. promoting and aiding the business
VI ioiiiilHS steamers between Baltimore,
Fortress Monroe and Norfolk was a viola
ton OF the covenants entered into on jan
uary ii, 1877. and requested us to cease
doing as We were at once.
OF course. the Southern did not comply
with the request or demand, as the Ian
guage or the letter might be construed to
mean. 1t Old however, send a communica-
ton to President Hoffman Of the Seaboard
IN which there was Enclosed the copy Of a
letter which was sent to the then president
Of the Old Bay Line, Mr.. John NJ Rob-
inson, dated July 8. 1881, terminating the
contract and at the same time suggesting
LOT the consideration of the officials Of the
Old Bay Line that in view OF the present
and prospective encroachments of the all
rail lines. the propriety Of abrogating the
contracts between the two companies at
once, instead OF waiting for six months
to eiapse as had been previously agreed
upon, thereby placing each company in an
independent position to protect their own
individual interests in any way which
might in their judgment be- deemed best
without reference to the other or feeling
bound by any agreements.
Shortly after the passing of the COM
munications of July last between the Of
hcials named Genera! Manager Foster of
the Southern's steamboat line called on
President Hoffman and informed him Of
the existence Of the letter sent Mr.. Robin
sen four years before in reference to the
contract OF July II, 1877, and told him that
In pursuance thereof he desired to notify
him that when the through traffic of the
SeulHeIH railway company ShOulQ be
transferred, as 1t would be upon the COM
piet1on OF Its terminals, to Primers Point,
at Norfolk, some Of the steamers Of the
Baltimore. Chesapeake and Richmond
timore and Norfolk and Intervening points.
so as to enable the Southern Railway Com
pany to handle its own traffic between
those points.
dence passed between the Seaboard Rail-
way Company on the one side and the
Southern Railway Company on the other,
In the hope on the part of the latter that
companies might be equitably harmonizej,
but in no interview with President Hoff-
man of the Seaboard. nor in any of the let
tiers which passed between any Of the Off
Gals OF the Seaboard and those Of the
Southern. except that Of July 8, 1896. as
above noted, was 1t ever intimated that any
agreement existed between the two com
panies which ought to interfere i'm the
slightest degree with the announced pur-
pose OF the Southern to employ its steam
ers as 1t might deem best for its interests.
Under these circumstances General Man
ager Foster inferred that President Hoff-
man Of the other company knew as well as
he of the termination Of the agreement of
January II, 1877, but, of course. he was
equally willing to assume that he was not
advised of the letter sent by Mr.. Foster to
President Robinson in 1891, notifying the
latter of the termination of the contract
between the two companies, otherwise he
WCuld not nave sent Mr.. Foster the letter
which, in July last, demanded that the
Southern should cease the operation of it's
line between Baltimore and Norfolk"
Late yesterday afternoon the Southern
and the Seaboard Air Line railway com
panies each filed rotice with the interstate
&C mmerce commission of intention to put
into effect reduced tariff on freight, there
by extending the rate war north and east
to Boston and Providence. The new sched-
ule will. 1t is expected. go into effect Tues
day next and applies between Boston,
providence. New York, Philadelphia, Bal
timore, Washington and Atlanta
Far Too Hot to Bake Bread
Rolls, Cake and Pastry at home Let US
save you that trouble Well send all kinds
Of Bread. &C., daily. fresh from our ovens.
Chas. Schneider's Bakery, Alb 1 st-Adyt.
Dedication of Monument at Antietam,
September 18th.
On account Of dedication Of Philadelphia
Brigade Monument. Antietam, September
IL, the B. and o. R. r. will sell excursion
tickets to that point for special train leav-
Ing Washington am, at rate of 81. 49, re-
turning direct; $4.15. returning via Luray,
and $50, returning via Gettysburg and
BaltimCrP--AdVf