The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1915-02-28
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DR.. HUTCHINSON WRITES
ABOUT LOCOMOTIVE NO. q

Editor Pensacola Journal
notice, appearing in your issue Of
February %, 1915. a positive state
ment that locomotive No. g. of the
Florida. Alabama 81 Gulf Railway
Company, had been in the possession
of the receiver of that company, since
October 1st.s 1914 and been in use
on the railroad of that company in
the hauling of rosin, ETC., and the fur
Their statement that that locomotive
had always belonged to the Florida,
Alabama & Gulf Railway Company,
and that the First National bank has
It's receiver had never had any i'm
terest therein.
Since the committee, Of which I am
chairman, of the depositors Of the First
National bank, have asserted to the
contrary of these assertions of yours
1t is incumbent upon me to correct
the mis-statenents made in your ar
/ ticle in question.
This locomotive was taken by the
receiver of the Florida, Alabama s.
Gulf Railway Company, in October.
1914, and he has had it in his pos
session ever since. but it has never
been, since that time, in use upon it's
",
been lying, not In use, at the junction
of the Pensacola & Perdido Railroad
and the Pensacola Electric Company's
road, IN the city OF Pensacola ever
since.
Nor Is the statement that the Flor
ida, Alabama & Gulf Railway Com
pany has always owned this engine,
and that the First National bank has
had no interest in it, any more cor
rect
This engine was bought from the
Georgia Car & Locomotive Company
by the Florida, Alabama Il Gulf Rail-
way Company. This latter company
leased the locomotive to the Florida &
Alabama Land Company, but subse-
quently sold 1t to the land company.
without retaining any title in it, or
any lien upon it. The land company
snortgaged it to the First National
bank. and the First National bank ami
It's receiver had an equity in it at all
times. until Mr.. Milton. in October,
or November, 1914. sold the equity to
the Florida, Alabama & Gulf Railway
Company. 1t would be remarkable IL
Mr.. Millions assertion that the bank
and he as receiver had no interest or
equity in this locomotive be true, that
he should have sold it at public sale
in Baldwin County, Alabama, and
thereafter sold 1t TO Mr.. Ewing Reese,
and SHOULD have endeavored to get a
confirmation of this sale to Mr. Reese,
and thereafter, upon failure to make
good the sale to Reese, have sold It
to the Florida, Alabama Gulf Rail-
way Company.
The facts which we have stated are
each one borne out by the records of
the United States district court, and
are easily available to you or to any
one who desires to investigate them.
CLARENCE HUTCHINSON,
Chairman Depositors Committee
(Note--The Journal was in error in
stating that the locomotive was in
use on the Florida, Alabama & Gulf
Railroad. 1t would appear from the
records available that on October 20,
1914, Judge Sheppard Issued an order
permitting the receiver of the railroad
to pay 800 to the receiver of the
First National for the latter's pre-
tended interest" or pretended rights"
In the engine. On the same date or
ders were also issued permitting the
receiver OF the railroad to take pos
session of the engine ana allowing an
expenditure for moving and repairs 1t
seems that the engine was originally
bought by the +. A. & G.. railroad
from the Georgia Car & Locomotive
Co., the latter accepting payment in
notes The engine was afterwards
leased to the Florida & Alabama Land
Co., and by the latter was mortgaged
TO ]. II. Givens, trustee. The mort
gage found its way to the First Ma
tional bank as security and when 1t
became due the receiver attempted
to sell the engine. and 1t was shortly
after this that the receiver OF the rail-
road appeared and laid claim to the
engine. One of the notes, 1t seems.
given in The purchase, was also an
asset of the First National Judge
Sheppard's order does not stipulate
whether this 500 payment was to
clear this note or was to apply on
some other claim Whatever the claim
it was characterized as pretended in
terests in the courts order.)