The times. [volume] (Richmond, Va.) 1890-1903, 1900-04-20
BIG SUIT FILED
in PETERSBURG
James P. McDonaldCo.vs
Seaboard & Roanoke.
THIRD OF A MILLION
Supply Lien Against Richmond, Pc
tersburg and Carolina.
COUNSEL SAYS NO CONTRACT
Denies That His Company Ever Ac
quicsccd in the Contract Made
With the Colonial Company
and Has Faithfully Kept
Every Obligation it
Has Ever Made.

PETERSBURG, VA. April Especial.
A suit was brought in Petersburg to-day
by the James P Mcdonald Company
against the Seaboard and Roanoke Railway
Company and the Raleigh and CASTOR
Railway Company for $;;;94, 3-34, which the
Mcdonald Company claims to be due for
work done and machinery furnished IN
The construction of the line between Rich
mond. Virginia, and Ridgeway. North
Carolina. a supply lien has also been
filed against the Richmond, Petersburg
and Carolina railroad for the same
amount.
THE BILL.
The bill sets forth that on the ID of
January, 1899, the Colonial Construction
Company entered into a contract with the
Richmond Petersburg and Carolina Rail-
way Company for the construction OF a
railway from Richmond, Virginia, to
Ridgeway, North Carolina. together with
buildings. Gepots, ETC.; that on the 9th
day of March the Mcdonald Construction
Company entered into a contract with the
Colonial Construction Company, by which
certain part of the work TO be done and
material furnished by the Colonial Con-
struction Company was to be done and
furnished by the Mcdonald Construction
Company, and that the Mcdonald Compa-
ny has complied with all the agreements;
that on December 22d, 1899, the Seaboard
and Roanoke Railway Company OF Viz
sinia and the Raleigh and CASTOR Of North
Carolina acquired control of the Ricn-
mond, Petersburg and Carolina, and de-
sired to have it completed because the
said Railway Company had become liable
to complainant for large sum of money.
nearly S.0OG00 in excess of the contract
price by reason of change OF routes specl-
fcations. etc, and failure to provide
rights of way. upon which the work was
to be done, and consequently on the "a
day of December. 1899, the McDohaid
COMPANY and the Seaboard and Roanoke
and the Raleigh and CASTOR Companies
entered into a contract, by the terms OIL
ydhic}, the contract entered into by COM
nlainant and the Colonial Construction
Company was transferred to the hea-
board and Roanoke and Raleigh and Gas
ton Companies. upon the assumption by
the Railway Companies OF certain opii-
cations and debts set forth 'lnder tiie
contract to complete and equip the road
according to the contract between the
railway Companies and the Colonial Con-
struction Company.
COMPIIAINANTrS CHARGES.
Railway Companies failed to carry out
their part of the contract, on account OF
which a large amount of ltone:- -eInains
due the complainant; also that 1he i.aii-
way Companies are indebted TO colnplaiL-
ant for the following sums: $50. 1853 oal-
ance of account due March 'is., iaVv' ~
SOS 600. for pay-rolls, teams, etc.' F-,vos'
commission on payroll to April ioti' ieS.
tbe. credit of S4 25S i5 leaving a balance o.
iptaT
.bn terms of the said contract the sea,
toard and Roanoke and the Rale:Sh anu
C.aston assumed all of the expenses IN
CURED in constructing the road ana dsnls ~.
a,a Suh-contractors, and promised 10 us
orarpe these expenses, but have talled 10
do so. 1s,,,,.a-
The sub-contractors are the PsAiiss ,, ~
MIA Steel Company, s2co,ooo; IL 800 oaa
CO na0. winston 6: Co. and Locher, sso'VVs
5UC,,,,,;,, S9pSo' uyman &. Co., about $4,000; 5.
d r1av $4,000, amounting TO s2ss,oV', ioi
nhici, complainant is bound, and winch
lid railway companies refuse 10 pay, az
thnupf, 1T is a fact that the. fal1roau '.a, eo.i
nanies have received from the Coioiidl : !
r,onstruction Company every doilac lha : .
+ba conpla;nant is entitled TO receise :
this time under its contract Win Tue Coio-
NAL Company.
THIRD OF a MILLION.
c,mn,ainant further claims SS6,5oo as OF
Let day of May, 1860, making to'al o, oL
sgo7 7a3. "A. and deducsing from tnis sa'@1 .s,
for supplies furnished by the ran itoau i
companies during Aprii, leaves a oai'''es l
of s3s4. .T2s 81, with interest
- ,-s,a comnlainant also charges that the
,i,ra,a campanies have arranged with
.ta SoIoniai Construction Company SO as
- Give them control both as To the COM
a,at;on of the road and the payment
tbarefor. and are completing the last rev
miles of the road in order TO get the
balance of the money that VIII De due
them under the contract
Hamilton & Mann and w, 3. Mcilwaine, IN
of petersburg, are counsel for plaintiffs.
Tbxe defendants, counsel are W. R. Nc
L,annev. of Petersburg, and ". W. Henry
80 IT. randolph Williams, of Richmond.
''.'>, 1,EyFF1SDANTss STATEMENT.
n,r w n. Mckenney, who Is one of the
sisac.ors Of the Richmond. Petersburg
an5 Carolina Railroad. and who is also its
secretary and general counsel, says that
his company has never entered into any
contract with the James P. Mcdonald
Company nLT acquiesced in the contract
made with them by the Colonial Con-
strnction Company It was only when
the James II. Mcdonald Company admit
ted publicly It's inability to complete the
road under Its contract with the Colonial
Construction Company. to which the
Richmond, Petersburg and Carolina Rail-
road was not a party, that the Seaboard
and Roanoke and Raleigh and CASTOR
railroads undertook to assume the re-
sponsibiiity of the Mcdonald Company to
the Colonial Company for building and
completing tha read. and that the Rich
mond. Petersburg and Carolina Railroad
has faithfully kept every obligation with
the Colonial Construction Company un-
der its contract with them for the sbuild-