The morning times., 1896-03-20
HR. SCHOEPF WIS HELDUP
Sequel of the "HarVeyIzed" Jury
in the Condemnation Cases.
JUSTICE BRIsCOE STEPS IN
Construction of the COlumbia and
Maryland Electric Railroad stopped
by Order of Court-Trespass On the
HoIladay Lands the Cause-Why
the Law Was Invoked.

Manager SchOepr, of the Columbia and
Maryland Electric Railroad, has been
enjoincd from proceeding with the construc-
tion of that railroad on the Holladay lands
near Hyattsville. This has grown out OF
the litigation, an account of which was
given some weeks ago in The Times.
A jury was summoned by the railroad
company and it was shown that the Jury
had been dined by Harvey at the expense
of the company, that they had been given
cigars and any quantity OF other good
stuff.
The Holiday lands and those OF Mrs.
Elliott, in the Hyattsville neighborhood,
were two of the pieces OF property which
were condemned. The HoIladay company
is fighting The award OF the 5,:gy and the
manner i'll which it is alleged it was OBJ
tanned.
The latest exploit of Mr.. Schoepf or
OF the company which employs hun, has
called for a decree Of Chief Justice BisCOe,
of the circuit court of Prince Georges
county, which Testrains the company from
present construction on the Hulladay lands.
WHERE THE TROUBLE BEGAN.
As was stated in The Times the Column
bia and Maryland Railway Company made
u written contract with the Holladay Land
and Improvement Company, of which Capt.
W. a. Bartlett, a Washington patent at
torney, is managing director, TO pay 81, 800
for strip OF land thirty feet wide through
the Holladay property, the strip being
about three-quarters OF mile long from
10 81, 10 district nP
bia, at Highland, to the end in Hyattsville.
Later, in December, having obtained
jury, the railway company sought TO re-
pudiate its written agreement, and sent
the jury over the same ground. The jury,
after being "HaryeyiZed," decided that
81 800 was enough for a strip sixty-six
to eighty feet wide, and of the same length.
Tue Holladay Company filed exceptions
| with the court, and the action of the jury
has not been confirmed by the court, nor
! has the investigation asked for been made.
! The Holladay Company also filed a bill
in equity to compel the performance OF
the earlier written agreement, both matters
being now pending in the court OF Prince
Georges county.
OCCUPYING THE LAND.
Last week the railway company. having
settled with Mrs. Elliott by paying about
$500 more than the jury awarded, set to
| work on the Elicit place al Hyattsville.
| On Saturday the manager OF the HOHaday Y
| Company, happening to stroll over the
route, was surprised to find that the rail-
| way company had pushed its road about
| 800 feet from the Elliott place into the
| Holladay lands; had dumped some 1000
| TO 1000 cart loads Of earth thereon, and
was proceeding at the rate of about two
! loads a minute to build bank OF earth ten
| feet high and wide enough for 4 railway
| across the Holladay property.
a prompt notice to stop being ignored,
| was followed by prompt action by Judge
| Briscoe, who, on being informed of the
facts, interposed the decree of the court,
enjoining and restraining the railway, its
| officers, agents, contractors or employees
| from further operations until the court
can hear and determine the questions be-
| fore it.
| The Maryland statute provides that no
property shall be taken under Condemna-
ton proceedings until such proceedings
are confirmed by the court. The law pro-
vides that no property be taken until paid
f! for.