The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-01
JUDGE CONFIRMS
MAs':i.TlE!'IR!|''sJRE:P'0R|'1!'
Holiday c sal Master Waste n
Street car Matt Endorsed
BY Judge Va seHlNL
SIDE SIDE DEBTS n ST Be PAIL
Consolidated Cor ecrn is Liable
fo 7stsi B Bin. s q AMI NJ 1ts Absorbed syl.
Companies.

IN the United States District Court
yesterday morning, fudge Edmund ,Uad.
dill rendered q decision In the case OF
the Bowling Green Trust Company
against the Virgins Passenger and Power
Company arirminsyth report Of special
4.asters AL Holiday, which was the
Zone Of contention.
The special master In his report had
allowed his claims 81 various supply
companies amounting il the aggregate 70
about 10000. 3s
The trust, companies, or more properly
speaking, the holders OF the mortgage
bends BSof the various companies that are
now consolidated under the name Sofsthe
Virginia and Passenger and Power Com
5panyt8objecte ted to that part OF the special
masters report which. allowed these liens.
They filed objections before Master
Holiday, and being turned down there,
they went before Judge sWaddill on final
consideration OF the report.
Judge &Waddill after carefully hearing
the whole contention confirms the report
Of the special master and allows all OF
the liens. NJ 38SgSta
The objections to the allowances OF the
Is y ~ AAS
holders are AS follows:
Objections Raised.
sSt1.s Because no3claimant has Snled a men,o-
randum containing the statements essen.
tial to- make the same a&valid sclatm5sof
lien under the statute. \
nay Because, under the Virginia statute,
there can be- no supply lien againsts$a
street railwayscompany prior and superior
to pre-existins mortgages or trustssdeedss
3..% Because the defendant street car
companies are also engaged in the bust
ness 81 manufacturing and selling cleo
Stricity forSpower and lighting purposes,
Iii $tpursuance ,of power granted In their
respective charters. &S 4s III II ri
4 "a BecauDesno claimant has Sufficiently
,descr1i beds property upon which; e SUP
ply lien is claimed. .sS IN 85,88
il masters report wa ~ the e fleet
{de.featE3 j AZ; IA Il that the aNirginiaaaPas-
seinnger8 and@sPower Company. the Rich!-
mond5P assSnKerSan Power CompanyYIand
the Rtch1Sscynd TractionXXfsC Company are
ansportAfionsconipa within the true
meaning or eectionS s24sSS#So 81 the aCode&of
Virginia and that AtheYSpersons and scor-s
polrratioeTnlsN; named have furnished supplies
TO the Virginia Pa slenger Y nd
ch8were necessary 70 I
operation 81 said three IN transportation:
conniippanries or one ~ more o. them.aasor
fsstreet& railway sstoperated by said &$VN'iAr: Wiz
$giniaiSSSP passenger and Power Company;
and thHei said @aperSons and corporations.
having Furnishes supplies coming within
the ppuryviewss sof section 24s5 sof the Code
~ Virginia and the amendments thereto.
having 88eetonnplie d Within provisions
"a = Section 24s6 Ssof the Code Of Virginia
sandSail other statutory requirements. are
entitled arespectiyelysto liens on theafran1 h
3chisIess and gross earnings and Son the
real and personal property q the cons
& prior and superior&toH the Fconsoll-
dated mortgaage 81 the Virginia $Passen-
8gerSandSPove Company. gS
8Thief report went OF to state that IN!
view ofssailst hescircunnstance s,I the master
~ ~ opinion and report that Interest az
the rate 81 six per cent should be al
lowed upon the supply liens from the
dates specified. -
Two other preliminary reports were
nled sbyytfsJutdg Holiday. covering claims lam
not Ia this report. but which are covered
by the decision. 8s ~. y |,
;In8th,s spreliminar report 80 1855 With
81, as 1874 interest on the same.
Theehaclaims allowed are one
81 sthe$largest5 Is that, OF 3 sCottEell.& Son
for $ls, 4sl.65 Many other
Arms have claims.