The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1881-09-01
ACTION!
Rest vs.. Andrews.

l' ...6ri Governor Jarvis, who l.
avs 81. me OF the commissioners, you
-s,t the assignees Of the road
49,, cor.isg up to the contract.
W. ..a refr2ined from dong this be
" I'm, thi. time IRE lCere all dgyecd.
'', r. what particulars Go you accuse
..u ~ falling!
..r.. .tfciaI notification brings four
.r.-e charges: T.
a.. In NE language Of the cor
.-.. lie, had not prosecuted the work
-, diIecure and energy.
'.soa. They had failed to keep d
the Ducktown branch sufhcient
- .nrlete the road to Pigeon rlvsr
100. r.r of July. the time in which
49, were acquired to complete 1t by
Nc LIS Tur7 failed to reach Pigeon
s.d Paint Rock by tho lst Of
jay Thy are daily Discriminating
abs. Ncr1A Carolina towns and
.VE~t : the effect II this notice T.
-. ks 20 intrinsic force. The bill
,,.te. simply thst the commits
.E-F- WGtCtI lux !lcSANes - IN ~
. r,nnrt thereon to the Governor.
n, or,vl,ies further that they shall make
IT,. ra,i { before declaring a failure
...mulvtrg vita the coltract, and
.r-sr such deCi2rA,ion tue bill pro
x.,., oluctv davs Of grace to the con
.r....r. or their 2ssignees before the
,arunr shall take steps on behalf OF
,ls safe 10 have the contract legally
.rn.tifa You know, of course, that
ta, commissioners in the capacity o.
ro,uI.sIoncr. nave no power to act
me, only report officially to the Cover
nor" :,
-. motto. that IN your statement o.
tina commissioners charges, you speak
~ IN. lst of last July IS
-. time on which their failure violates
III. limit allowed by the contract. |
Know that that was the original time
within which the completion to Pigeon
river and Paint Rock Wa. required,
Ir, rL. presrnt controllers Of the roaf
r,.fm understand, All extension OF
Tie lime to the 18th OF November. The
commissioners rave the right tn max
,arh extension; have they net dou"
soi
True enough. They dc claim that
,,- commissioners made such cxteu-
s,,t You have observed that we ig-
r5ttl such claim. Such claim IS IN
the first place founded on Il fraud, and
in the second place the present con
~tr..isrs have not ever complied with
Nh. conditions annexed to the consent
-o The extension Of time under which
n I-r 49, -. -I-
circumstance. will ever honestly give a
fgYoraOlt opinion as to the legal or
present operation Of the instrument 10y
which the extension they claim was
granted. will give You the history o.
the whole thing
In the latter part Of last April" he
resuIned. as | was passing through
t,ra ,nsboro on my way to Washington,
Col Andrews came to me and asked my
consent 20 ALI extension of the time
from tue lSt of July. | declined to
give nv consent without cansuitatlon
with the commissioners. | went OF tn
Washington and in a lew DAYS received
8 lister from GOV. Jarvi. desiring me
to sttend 8 meeting of the commits
sioneis in RAleigh. | did SO. The re
quest OF the present controllers for 40
extension of time was renewed at the
meeting. We. the commissioners
Gov. Jarvis, DIR. Worth and myself
required that the application for the
extension should be made in the
name OF assignee OF the Yves
tern North Carolina railroad, and
Lot, as it WAS made, in the
name Of the Western North Carelin.
railroad company simply. We also
4geeed to consent only on the further
condition that the terms Of such eXten
sior should require the sssignees to
keep continually on the two lines q suf-
icisuS number Of hands to complete
jH- work within the extended time.
There may possibly nave been one CT
Two other uuimportaut conditions de
mABded. do not recollect; but the
present controllers did not comply
with these conditions and the extension
wss not granted. Ireturued, however,
to W~a.hington with the understanding
between tie two other commissioners
AMI myself that they, a majority OF the
commissioners. were to sign the grant
of ~yXtru.ien and to consider that | con
seut"d on the compliance by the present
controllers with the demanded condi-
tiuEs. At the expiration Of tive weeks
there had been no renewed application
for the extension complying with the
conditions. concluded that the pres
rut controllers were pTo~crastlnating to
gam time, and wrote letters to Raleigh
10 Gov. Jarvis and DIR. Worth, with
drawing nv consent to the extension
under sny circumstances. and begging
them not to act without me. Both let
lel, reached Raleigh on the same day
aud Gov. Jarvis being in the city re.
ceiyed his. Mr.. Balm. DIR. WORTH
clerk. forwarded the letter to the Dec
tor to AshebOro, where he was at thu
time. From bis action | presume Col
Andrews beclme aware Of the letter.
sud their purpoIt, for he sent i messen
ger on The same train which carried M
letter to Hr. Worth. When the trsi,
reached High Point Col. Andrews mes
senger hired q horse and beat The mai
to Asheboro. He Immediately waitc'
on DR.. Worth and Obtliuel his sigma
ture to an extension of line to the I5tl
of November When pr Worth 9"
my letters you can imagine Jnat he va
rot entirely complacent. But Gov. jar
Wis also having signed the grant tn
claim was thus originated 10y the sig
natures of two of the commissioned.
one OF them having been obtained !
the irauiu.ent manner described. W
ignore init grsnt not only on the groue'
of fraud ont zlEo from the fact even 1t
conditions have not bceL complied wit
. 81 - %. 49, ,r,pYFrr Of Inr.ls tn n.p-