The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1907-11-07
AID al on az Deposits.
!BIJRTS CHARGED
WITH or sS FRAUD

son that he was not engaged ii
these transactions for the better.
ment Of his health" and that he
must have something for himself.
The Something turned out to be a
1000 acre slice Of the Ten Mile
company's coal lands. Mr.. Jack
son told his company that they were
up against 1t, or words to that ef-
feet. and that. they had better con-
|cede what was asked. The amount
Of land stipulated was selected by
Mrs. Burt and decided to her.
The formation Of the Mountain
State construction company follow
ed for the building OF the road. In
the meanwhile, the bill declares,
the control of the Short Line passed
into the hands of H. H. Rogers and
his associates. Immediately upon
the signing of the contract the 1000
acres passed to Ella T. Burt. Tho
nominal consideration Of the deed
was IS, but the bill alleges that the
real consideration was the procure
ment of the building of the Short
Linesroad with the stipulations out
lined above.
Here is where the bill talks and
says things. 1t is charged that 1t
was intended from the beginning
that the road should be built as a
means Of forcing the B. & o. to
buy It and also the unproductive
Ohio River railroad, although the
pretense was that the latter line
only lacked feeders and that this one
would help to make 1t paying
proposition; that Burt deceitfully
and fraudulently got possession OF
the 1000 acres; that the whole was
only scheme by which Burt and
his associates sought to unload on
the B. & o. A further allegation is
that Burt evolved the whole plan,
suggested 1t to Rogers. and knew all
the time what would happen and
what did happen was this: The
Short Line was scarcely completed
till 1t was sold to the B. & o. This
was in 1901. The tipples were new
er built says the complainant, and
the Ten Mile Company was left just
where 1t was. at the mercy Of the
B. & O..
Mr.. Burt, 1t is alleged, from his
inside knowledge Of what was COM
ing. made haste to open up the
1000 acres so extending the road
and laying switches that, that part of
the coal lands were put into shape
to operate and have been in opera
tion ever, since. In other words, to
quote the language of the bill. he
did not rest from his labors, in the
preparation and execution of said
fraud, till he had finally reaped his
originally contemplated reward"
In 1901 MIR. and Mrs. Burt leased
the land in controversy to D. G.
Williams and the POOP Coal and
Coke company on a six cents per
ton royalty. In 1908 the lease was
transferred to the Plttsburg and
Fairmont Fuel Company. 1t is I'M
dertsood that the latter is only a
formal party to the suit. The COM
plainant wants the title Of its for
met 100 acres back from Burts
and II 1t gets IT, 1t will probably
continue the present arrangement
with the operating company. It is
evidently not DESTROYS of operating
along the Short Line. itself. I'M
mediately upon the sale of that road
to the B. & o., with no facilities
provided for Its lands such as had
been thoughtfully made for the
1000 acres, it says .'it found the
situation hopeless. and sold its re-
naming holdings.
The object Of the suit is to secure
the setting aside of the deed us
fraudulntly obtained. and as the
Burts are said to have no other
property in this state. an Injunction
against their disposlag OF ii and the
appointment of a receiver are pray
ed for. The case comes up at the
Philippi term Of court which is now
in session, on a rule to plead, which
concerns the method of getting serv-
Ice on the Burts in New York.