Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-17
Offered a Position.


road.
Offered a Position.
Burton said he was offered position in
the legal department of the road and was
authorized by Senator Elkins to offer the
post of general counsel for the road to Mr.
Edgar H. Cans, a Baltimore attorney
whose opinion was sought to the legal
| methods to be followed of paying the debt
due the city of Baltimore by the road and
of getting around the act of the assembly
which gave to the city the right to maintain
eight directors out of the board of twelve
Mr.. Burton, with minute detail, narrated
the time, labor and expense undergone by
Dubreuil and the witness in securing the
desired legal opinions, gathering data and
procuring other infornia ton for the use of
Senator Eilkins. For all this, he claimed
the senator promised to pay reasonable
sum.
Counsel for Burton offered to show the
value of the stock of the West Virginia
Central road. owned by Elkins and his
associates when the plaintiffs first di-
vulged their plan to consolidate with the
Western Maryland road, as compared with
the selling price of $1,000, 900, for which it
was testified the road was sold to the
Fuller syndicate. Senator Faulkner OBJ
jected and the court sustained the objec-
ton for the present, holding that plaintiffs
must first show the enhancement in value
to have been the result of the plaintiffs
efforts. Counsel claimed the road at at
time was worth only S7,000,O00.
The trial of the suit was commenced
yesterday. The day was occupied in Sc
curing jury, the opening arguments Of
counsel and the testimony of Robert
Burton, who. with George a. Dubrueil
of Baltimore are the plaintiffs in the
case. Attorneys a. S. Worthington and
Senator Faulkner represent Senator Ell
kins, who was present and listened atten-
lively to the proceedings.
Attorney Osborne l. Yellott outlined the
case for the plaintiffs. He explained that
Mr.; Burton is practicing attorney in
Baltimore and Mr. Dubreuil, real estate
agent of the same city, that in November,
1901, they suggested to Senator Elkins,
who, they said. owned nearly all the stock
of the West Virginia Central railroad, a
plan whereby the Western Maryland rail-
road might be acquired and a connecting
line of about sixty miles built which would
give to the West Virginia road an eastern
terminus at tidewater.
The details of the plan were set forth by
counsel which, Mr.. Yellott said, had been
thought of by Senator Elkins, but he had
been unable to effect the proposed CONSOLE
dation. Mr.. Burton wrote to Mr.. Elkins,
and after an interview was told by Mr.. Ell
kins to secure legal opinions as to the pos
sbility of getting around the act of the
Maryland assembly, which gave the city
of Baltimore the right to maintain eight
directors the board of the Western
Maryland road and to secure other data,
including the practicability of floating a
loan of s20,00O,OOO to carry out the plan OF
consolidation.
At the time of the proposed purchase of
the road, counsel said the city of Baltimore
held certificates of Indebtedness of the
Western Maryland road amounting to
about $9.000,O00, some of which, the plain
tifs advised, could be disputed.
Mr.. Yellott said Senator Elkins advised
his clients to keep quiet on the PROPOSE
tion and he would see that they were taken
care Of At first it was suggested that as
Burton could secure 1,JO0 shares of the
stock and Senator Elkins =, 400 shares Bur-
TOY Tplbrpuil ShDnld receive fifteen
thirty ninths of the profits accruing from
the proposed deal. This plan of recon-
pense was afterward changed, but plain
tiffs were again assured, he said, that they
would be paid for their services.
For the Defense.
Attorney A. S. Worthington for the de-
Tense declared that no agreement was made
by Senator Elkins to pay the plaintiffs any
thing for their services whatever. He out
lined the defense to be that Senator FL
kins looked upon Bruton a fellow stock
holder in the Western Maryland road, who
was making a proposition to enhance the
value of their mutual holdings, to their
mutual profit. He claimed the plaintiffs
were not peculiarly experienced in rail-
road matters Senator Elkins had sew
eral interviews with the plaintiffs, and as
he was unacquainted with the men he eX-
planned to them that they should go ahead
and explain their plan and II 1t met with
his approval he would take 1t up with
his associates
While the negotiations were pending, Mr..
Worthington said, Senator Elkins was ap-
preached by a Mr.. Fuller with a PROPOSE
ton to sell out the West Virginia railroad
for $17OOO,0GO, which was accepted, and Mr..
Elkins closed out all his holdings in that
company. The senator, he claimed, had
never promised to pay the plaintiffs, and
the plaintiffs had never made any claim
for compensation. beyond a request of Mr..
Burton that Senator Elkins use his in
fuence to secure Burton a position on the
railroad. One year after the sale was con-
-ait 60 Id