The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-11-05
B IRIS AIRE CIT r
WITH CIR OSS FL CID
son was instructed ttii4leresfter

son was Instructed theresfter to
deal. I 357 ',oS sesaS ai1''i.its9 {
| y rtlY. Az yer sser WARD and penang q
deannite construction contraek the
bill alleges, Mr. Burt told Mr.. 3Iack-
son. that he was not engaged in
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. aEr. Jack
som told his company staist they were
up against Itfor words to thas ef-
feet. and that they had betaet com
cede what was asked. The amount
Of land stipulated was seIected by
Mrs, Burt and decided te- her.
y The formation Of the Mountain
State construction company follow
ed for the building Of the road. In
the meanwhile. the bin 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 r. Burt. The
nominal consideration Of he deed
was IS, but the bill alleges that the
real consideration was the proeure-
ment of the building of the Short
Line road with the stipulatiOAs OUT
lined above.
Here is where the bill talks and
says things. 1t is charged that it
was intended from the beginning
that the road should be built as
means of forcing the B. & o. to
buy 1t and also the unproductive
Ohio River railroad. aIthougS the
pretense was that the latter line
only lacked feeders and that this one
would help to make it paying
proposition; that Burt deeeitEulIy
and fraudulently got possession sof
the 1000 acres; that the whsIe was
only scheme by which Burt and
his associates sought to gnlsad. 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 hapben and
what did happen was this: The
Short Line was scarcely esnapieted
till It was sold to the B. & o. This
was in 1901. The tipples were new
er built says the complainaEt, and
the Ten Mile Company was left Just
where 1T was, at the menog Of the
h. g o.
Mr.. Burt, it is alleged. frsm his
inside knowledge of what. was com
ing. made haste to opeR ap the
i 900, acres SO extending tie road
and laying switches that that part of
the coal lands were put into: shape
to operate and have been In opera
ton ever since. In other words. to
quote the language OF the BiiI.t he
did not rest from. his labots. cantsthe
perpetrattonaa and executor OF said
maud. till heahad finally reaped 5his
originally contemplated reward
In 19O1snIr. and Mrs. Burt Iessed
the land in controversy to % c.
Williams and the Rooz CAaI and
Coke company on a. six eeats per
ton royalty In 1903 the lease was
transferred to the Pittsb4rg and
Fairmont Fuel Company n Is :hn-
dertsood that the latter. Is asaI5 a
formal party to the suit The com
plainant wants the title of dts for
Tner' 100 acres back from Bdrts
and II 1t gets it.. 1t will probably
continue the present arrangement
with the operating company. It is
evidently not desirous of operating
along the Short Line. itself. I'M
nediately upon the sale of that road
to the b. g Ao,. with mo. faefhties
provided for its lands such as had
been thoughtfully made for the
1000 acres, 1t says sit found the
situation Hopeless" and sold ats re-
manning holdings.
The object OF the suit is TO secure
the setting aside of the deed as
fraudulntly obtained. and as the
Burts are said to have no other
property in this state. an Injunction
against their disposing of it and the
appointment of receiver are pray
ed for. The case comes up at the
PhilIppi term of court which is now
in session. on rule to plead. which
concerns the method of getting serv-
Ice on the Burts IN New York.
W. II. Polling left today for a
business visit Of sevag lays ii