Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-21
SUIT FOR HALF MILLION
CLAIM FILED AGAINST SENATOR
STEPHEN B. ELKINs.
Alleged That Sum is Due for Informa-
ton Furnished in Maryland
Railroad Deal.

Proceedings at law to recover damages
in the sum of 100000 were instituted in
the Supreme Court Of the District of CO.
lumbia late yesterday afternoon by Robert
Burton and George A. Dubrueil against
Stephen B. Elkins. The plaintiffs contend
that the sum mentioned is due them for
information, plans, data and legal opinions
furnished the defendant in connection with
the recent Western Maryland railroad deal.
Attorneys Henry E. Davis and George II.
Calvert, jr., both Of this city, and Attor-
neys Bayard, Coe and Hammond of Balti-
more, Nd, represent the plaintiffs.
According to a representative of the plain
tiffs the latter in the fall of 1901, formu-
lated a plan for the requirement of the
control of the Western Maryland railroad
and submitted 1t to Senator Elkins. the
owner of a large block of stock in that
company. They knew, they say, that with
the Davis interests Senator Elkins con-
trolled the West Virginia Central railroad,
and also that the Western Maryland rail-
an outlet to the seaboard by building a
connecting circle Of railroad which would
be comparatively inexpensive.
Some Of the Allegations.
Counsel for the plaintiffs add that Sem
ator Elkins was pleased with the PROPOSE
ton and accepted it as submitted. He
called others into consultation, it is de-
clared and then entered into a contract
with Burton and Dubrueil to go further
into the matter and get opinion of counsel
and data of every description.
Burton and Dubrueil did this counsel
add. "Elkins then presented new propo-
sition to them, saying that he had submit
ted the proposition to Edwin Gould of New
York and Mr.. Ramsey, president of the
Wabash railroad, and told our clients that
the Fuller syndicate. which was bidding
with the Baltimore city municipality, were
the agents of the Goulds, and that besides
the outline suggested and worked up by
Burton and Dubrueil they intended to buy
the cityS interest outright in the same
way. Elkins then expressed the contract
SO that our clients interest would not be
affected by this change of procedure. After
the Goulds had acquired the railroad
Messrs Burton and Dubrueil demanded
their share, Senator Elkins had prom
ised. He refused to pay. although he ad-
mitted that upon their information he had
made out of the deal $4,000, O0O"
Declared to Be Without Foundation.
Colonel c. H. Livingstone, Senator Ell
kins' secretary, was seen by The Star re-
porter and asked about the suit against
Senator Elkins Colonel Livingstone said
that M Elkins did not care to make
would say briefly that the suit was entirely
without foundation; that it had been threat
ened in various letters from parties who
figure as plaintiffs for the past two months,
to which Senator Elkins paid no attention.
Colonel Livingstone stated that he was ia
mliar with the facts and knows that Sen
ator Elkins scarcely knew the plaintiffs
who brought the suit; that from time to
time he refused to see them, or to talk with
them over the phone. answer their let
kilograms. thew persistent
and secured perhaps six or seven interviews
with Senator Elkins by meeting him at the
Capitol, at his home, on his way to the
Capitol He said it could hardly be credited
transaction of the magnitude of the one
mentioned in the suit and take into his con-
fidence two unknown people in Baltimore to
help him and thereby lay the foundation
for claim for services.
Received No Data.
Colonel Livingstone says he knows that
Senator Elkins never received any data,
plans or legal opinions of any value from
these people or either of them; that the
plaintiffs claimed they could control large
portion of the stock of the Western Mary
land Company, that they had influence with
the common council of the city of Balt-
more, and that the debt due the city could
be reduced from 1900 600 to $7,O0O,OO0, and
that they would aid Senator Elkins in ac-
curing the Western Maryland railroad, ii
he would treat their stock as he did his own.
While all these offers were made no definite
conclusion arrangement was reached
with the parties.
Pending their talk, Col. Livingston said.
the stock of the West Virginia Central
railroad was sold, after which Senator
Ellsins told Mr.. Benton, one Of the plant
ifs, that he would have no further talk
about the purchase of the Western Mary
land and take no further interest in the
subject. One of the plaintiffs then asked
Mr.. Elkins to give him letters to the
purchasers of the West Virginia Central
railroad and secure him employment with
the Western Maryland railroad. Nothing
more was heard of this matter, Col. Liv-
ingston stated, until the threat was made
year afterward to bring suit He said
neither one of these parties hade a de-
mand of any kind for compensation or
services until year had passed.
Not Party to the Deal.
Col. Livingston further stated that SEN
ator Elkins never bought the Western
Maryland railroad for himself or others;
that he was not party to the purchase;
had nothing to do with it; did not know
anything about 1t nor the details of the
purchase, and never made one dollar out
Of the purchase of the Western MARYLAND
railroad, much less six millions of dollars,
as stated by the plaintiffs. Further that
he never sought the plaintiffs or either
of them to do anything for him, and he
simply listened to their offers and propo-
sitions from time to time. The colonel
closed by saying 100000 is about the larg-
est fee he ever heard Of to pay parties for