The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-12-25
He BRINGS THE SUIT
GENERAL OSBRf' Il
iERMt : TsRE U.s. OF He
NAME oF THE STATE,
PROCEEDINGS BEGUN Ar ONCE.

Judge Schansk Files IL Writ ssainst
the North Carolina railroad COM
paus.-- i'rocee dinss Tor the AnGui-
mene of the Charre, 1.-The Attora' "
General states the situation. Judge
Schenck is Radiant.
The Attorney General to a News
and Observer reporter last night eX-
planned the exact status of affairs:
Judge Schencll's clients, who are
all members of the Farmers Alliance
and Populists, applied to the Attor-
ney-General, in writing, requesting
him to bring action against the South
ern Railway Company, to enjoin it
from taking possession of the prop
erty of the North Carolina Railroad,
under a lease which had been made
by it to the Southern Railway Com
pany. The lease goes into effect jan
uary 1st, 1896.
The Acknowledgement declined to
bring the action as requested, and as.
signed as a reason that he believed
that the lease was valid, and before
obtaining restraining order, he
thought it necessary for him to aliege
that the lease was invalid, and this he
could not do.
Judge Schenck'S clients applied
further TO the Attorney-tfenera1, to
bring an action to dissolve the charter
of the North Carolina Railroad Com
pany.
ITO this the .tttorney-General as
sented, upon leave granted by three
Justices of the Supreme Cuort, signed
by the Chief Justice. and Associate
Justices Clark and Montgomery.
THE Acknowledgement stated that
he did not consider it necessary in this
proceeding. to- allege that the lease
was void, or that the North Carolina
Railroad Company had no right to
make lease of ninety-nine years.
But inasmuch as that question had
never been settled by a decision of the
Supreme Court Of this State. and there
were decisions of other courts seem
ingly declaring such leases void. It
was his duty to lay the matter. before
the Supreme Court, in order 10 obtain
a decision upon upon the matter
Judge Schenck returned to Green's
boro yesterday afternoon.
The Judge made this statement of
the case:
AT noon to-day the Attorney
eral decided to grant the application
in the name Of John Graham and
others. TO bring suit against the North
Carolina Railroad Company for the
annulment of it's charter.
THE Attorney-General filed his APP
plication for leave to bring suit. be-
fore the Supreme Court, and leave was
granted being signed by Judges Fair
cloth. Clark and Montgomery.
THE Attorney-tieneral then gave
leave 10 us to bring the salt in
the name of the State of North Caro-
lima. on relation of John Graham
THE counsel were not long ia tax
ing advantage OF their position. and
Immediately filed writ against the
North Carolina Railroad Company.
There il no other defendant
Judge Schenck was radiant.
He was confident of having won the
first slxirmish. II was preliminary.
bit he xas happy in seeing the battle
begun.
Mr.. John Graham, whose name APP
pears as prosecutor, was with him.
Mr.. Graham is one of the leading Al
lianceasen of the State. and member
Of the executive committee. He is
principal OF the RidgewaE High
school. III Warren county.
If a suit had been brought for the
purpose Of obtaining an Injunction,
the probability is that q bond Of 500
00G would have been required Of the
plaintiffs. 1t was well known that
they could give no such bond. and II
was not thought probable that the
Acknowledgement would aid them in
doing SO.
The friends of the railroad do not
think the lease will be invalidated, and
boot at the idea that the charter Of the
North Carolina road will be annulled.
But all the same. the stock has taken
q tumble.
A prominent man who has been con-
nected with the railroad said he ex-
pected to see decline of twenty-five
per cent. In North Carolina railroad
stock.