Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-23
PLEA OF THE MINORITY
Court Asked toAppeint a Co.
Receiver
FOR LOCAL RAILW AY
CITY AND SUBURBAN ROAD SUB
JECT OF PETITION.
Contention Of the Petitioners Outlined
in Papers Filed in District
Supreme Court.

holders OF the lily ana SuDuTneli
Railway Company appealed today TO
the District Supreme Court for the
appointment of a co-receiver, repre-
sentative of the minority, to act with
A. L. McDermott in the manage
ment of that road. 1t is also ,e-
quested that in order to increase the
revenues of the line steps be taken
to discontinue the system Of trans
fers between the City and Suburban
and other lines operated by the
Washington Railway and Electric
Company.
Radical action affecting the local street
railway situation is asked in a petition filed
this afternoon in the Supreme Court of the
District of Columbia by James F. Shea,
Charles P. Williams, Jonas w. Hechinger'
B. o. Sensner. D. Lotus, r. S. Scammell,
Lawrence Mangan, William. d. Seafie'
Sarah Searle, Solomon Minister. a. L. Stave-
ley, O. D. Hyler, Eugene Morgan, August
J. Lohse, John G. Barthel. William
P. Lipscomb. P. M. Hughes. Cora Herman
Clara Herman Silverman. Monnie Herman,
Bernard Herman. Robert NJ Smith, August
Grages w. S. jerks, NJ. D. Peck, Harriet
L. Scribner Dennis W. Magrath, Jasper
Lohmann. Mary Barnett. Thomas H. Cal
Ian, John Ardeeser. Alphonse M. Baer, l..
NJ Bourne, Edward Kloman. Emily Smith,
Leon Tobriner. Michael Schloss Samuel C.
Lemly, Thomas Sheridan. James Clark and
Garrett Y. Clark.
The petitioners explain that they are the
minority stockholders of the City and Sub
urban railway of Washington, holding
shares aggregating 1908 in number
Text of the Petition.
The petitioners request of the court that
Allan A. McDermott, receiver of the City
and Suburban Railway of Washington
be required to show cause why a CO.
receiver should not be appointed to
represent the minority stockholders in
that company; that the receiver or
receivers be instructed to discontinue
the transportation of passengers on trans
fers from the lines of the Washington Rail
way and Electric Company. the Anacostia
and Potomac River Railroad Company, Or
any other company; that the receiver or re-
ceivers be instructed to discontinue any ar
rang2mentS, II any exist, whereby the cars
of the Washington Railway and Electric
Company are permitted to run over the line
of the defendant company to 18th and d
streets northeast; and that the receiver
receivers be directed to require the opera
ton of through cars from the corner of 18th
and 6 streets northwest over and by the
way of what is known the 1st street
track of the defendant company to the
eastern terminus Of the line at 18th and d
streets northeast.
1t is contended by the petitioners that there
is no authority for the issuance of transfers,
and that the City and Suburban Railway of
Washington is not required to carry pas
sengers upon transfers from any other line;
that the issuance of transfers and the trans
portation of passengers thereon iufiicts an
q r 9 in nd ha
in question, and consequently operates to
the injury, damage and loss of the petition
ers who are the minority stockholders in
the defendant corporation, the remaining
shares in the company being held, with the
exception of a few scattering holdings, as
follows:
Twenty-Five thousand six hundred sld
twenty-six shares by the United States
Mortgage and Trust Company. as trustee
| by assignment of transfer from the Wash
ington Railway and Electric Company.
| 1850 shares held By the United States
Mortgage and Trust Company alleged to
be in its own right.
Represents Majority Holdrs.
1t is declared by the petitioners that Mr..
McDermott. as receiver practically repre-
sents the majority holders of stock in the
defendant company. and the several rail-
way companies which are interested in
maintaining and operating the defendant
railway ran'' company pa as an outlet ana ana
management of the affairs and lines of the
defendant company the petitioners are en-
titled to be represented to the end that its
debts and liabilities may be liquidated as
speedily possible and their respective
interests and holdings in the corpora ton
be made of some value, the same under
the present condition of the corporation
and the manner III which its affairs are
being conducted and managed, the petition
ers say being practically of no value
Among other things the petitioners aver
that the receiver in operating the City and
Suburban railway of Washington does not
operate or run its cars through street
north and down LIST street west so as to
permit the cars of the railway to reach the
corner of 18th and ID streets northeast, the
eastern terminus of the road in this city,
over its own lines during the whole year,
but only when Congress Is in session.
1t is added that during the time that Con-
gress is not in session the cars of the Wash
| ington Railway and Electric Company are
operated and run over the eastern portion
of the line from Delaware avenue and c
street northeast to 18th and D streets north
east, and thereby the revenue which would
be earned by the operation of the cars of
the City and Suburban Railway of Wash
ington over that portion of it's line are lost
to it and diverted to the Washington Rail-
way and Electric Company
Other Allegations.
The court Is also informed that since the
City and Suburban railway of Washington
has been operated by Receiver McDermott,
a system of transfers from the intersecting
lines of the Washington Railway and
Electric Company and the Anacostia and
Potomac River Railroad Company has been
in operation by means of which passengers
who have been carried on the and
over the lines of those companies and who
have paid their fares to them, trans
ferred free of charge therefrom to the line
of the City and Suburban railway of Wash
ington ahd are carried to their point of
destination on the respective lines of the
City and Suburban railway of Washington
without any additional compensation to the
latter. In the manner described, the petit
TONERS declare. the Washington Railway
and Electric Company and the Anacostia
and Potomac River Railroad Company re-
ceive full fare for what is known as a short
haul of possibly few blocks. while the
passengers transferred to the lines of the
| City and Suburban railway of Washington
| are carried many miles by it without any
compensation whatsoever
Further, the petitioners assert that at
| least 30 per cent of the passengers car
| ried upon the lines of the City and Subur-
ban Railway are passengers who have
| been transferred to its lines from the lines
| of the Washington Railway and Electric
I Company and the Anacostia aud Potomac
| River Railroad Company, for the carriage
| of whom 1t receives compensation.