The Washington herald., 1907-01-17
ELKINS SUIT ON TRIAL
BaltimOreans Seek to Recover
100000 from Senator.
ECHO OF A DEAL THAT FAILED
Robert Burton and G.. 4. DubrueII
Claim They Were tn get Fee for
Plans TO Purchase Western Mary-
Iand-Dcfendsnt Says Service Was
Rendered for Mutual Benefit.

The suit OF Robert Burton and George
! A. Dubreun of Baltimore. instituted on
April 20, 1909. to recover $4,000 from
/ Senator Elkins, OF West Virginia, al
/ legged to be due the plaintiffs I'm connec-
tion with operations in the stock of the
i Western Maryland Railroad Company.
/ began yesterday before Justice Wright
/ Opening statements were made BY Attor-
ney Forrest W Brown for Burton and
DubreuiI. and by a. S Worthington for
/ Senator Elkins
! In the declaration which was filed in
/ April, 1903, it is charged that IN Novem-
Der. 1901. Senator Elkins employed them
/ 10 prepare certain information. plans. and
/ legal opinions concerning the Western
/ Maryland Railroad Company and the
| acquisition of it's capital stock Senator
! EIkins, they allege. promised and agreed
/ 10 pay the plaintiffs for their services
what they were reasonably worth, but
/ has refused 20 do SO.
EIkins' Deal Fell Through.
Attorney A. $ Worthington. in behalf
Of Senator EIkins, contended that the
/ deal did not 20 through. that Senator
/ Elkins did not purchase the road. that
\ IL was purchased by a syndicate. and
/ that the plans referred 20 by the plain
I tiffs in their declaration We're not used /:
/ that the conference between Senator
/ Elkins and Burton were those Of fellow
! stockholders in corporation: that is,
/ they were for the purpose OF improving
/ their mutual holdings.
| Mr.. Burton, ON the stand. testified TO
/ approaching Senator Elkins with his
I N.4-
/ ern Maryland Railroad Company. The
plan which he outlined % Senator Elkins.
| he said had struck the latter very favor
/ ably az first. and he testified that Elkins
stated 10 him lt was the best that had
/ Yet been advanced. The witness testified
| hls plan was 90 secure a majority OF the
stock Of the company, and TO tender to
I the city OF Baltimore payment Of q Ger
/ tain Indebtedness which the company
owed the city
Plan TO settle With baltimore.
| BY an act Of the legislature the city
was authorized to appoint a majority Of
/ the board Of directors. The sum which
was 10 toe rendered was less than the
amount claimed, which was S1e. 600
/ and If the city declined 20 accept il pro
ceediugs were 90 be begun In equity and
I injunctious secured restraining the civ
/ Of Baltimore from exercising the right 10
appoint majority OF the board Of di-
rectors. Mr.. Burton testified that Il was
his plan 90 apply the statate Of limita-
tiOns TO portions Of the s12570,900 claimed
I by the city. and 90 have it also reduced
By suhtTactins sums which We're included
which represented compound interest. the
amount Of the reduction 10 be approx
mateiy SLJoG3
Senator Eikius. AIr Burton testified In
timated at one OF their conversations that
in The event OF the failure Of court pro-
ceedings o. restrain the city from excr-
cisIng its right o. appoint directors. il
might be possible, with the aid of Senator
German, 90 secure from the legislature
an act canceing The right of the city.
IN view % the fact that the debt for
which the right was granted would be dis
charged Mr.. Burton said Senator Elklus
seemed very anxious 60 get control of the
/ Western Marylanr I order 10 consolidate
/ II with the West Virginia Central. at that
time controlled 10y Eikius. and he detailed
to the Senator his plan for securing ont
standing stock the holders Of which vere
known TO him. &c. Senator Elklns stated
20 him. Mr. Burton said that the road
would 5e OF great value 10 him. and that
he could increase the earnings OF fba
Do .ftt tt.t.tt NOM e~ttfrFf 10 ~.
@0. and that by getting control of il he
could bring twice as much coal 20 tide
water.
Price Of the Virginia Central.
Attorney Yellott attempted 20 show b,
4 Burton that the stock Of the West Vir-
ginia Central which was practically an
owned by Senator Elkins. Senator Davis
and others which was then worth S7oo0 =
eo. was afterward sold by Elkius and
his associates 10 the syndicate for 81. 000
00 This testimony was objected 10 bv
Senator Faulkner Senator Elkins' attor-
ney, and Justice Wright ruled fl our for
/ the present. Mr.. Burton also festi6ed
that he had made arrangements for So
curing money 10 buy outstanding stool,
and cancel the roads Indebtedness sfter
the conferences he had with Senator FL
kins
Burton had not concluded his tesfip,o,,-
when court adjourned AT O'Clock The
case VIII be continued to-day.
senator Elkins was In court actively
assisting his counsel. Senator Faulkner
Of West Virginia, and A. 3 Wortbingtnn
Of this city.