The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1896-03-17
RIDGEWAY, n. G.
Feh. % 1S.'
Hon Joseph~s D1nielS,
r leigh, N @.
Very respectfully,
DANlEL-

Il w. ~. iN..
Hon Josephu8 Daniels,
r leigh, N. @,
DEAR SR:-YOur favor Of t9.5ay
asking for inform .tion in referc.ea %
the withdrawal of suit to test the Va.
Iidity of the ninety nine years le.z.ot
the North Carolina Railroad 90 the
Southern Railway Co., has bsea re
ceived, and l hasten to reply.
The committee, appointed b. the
North Carolina farmers Alliance st
Cary, reached r leigh at seven oe.5ck
a. N August IL n. The chairmauo Of
the committee, with Secretary, went
at once to the residence of the Hon.
Richard Battle for the purposa Of en-,
ploying him to secure the injunction.
Mr.. Battle said that he was not at5Jr
ney for the Southern Railway, and wa
at the service of the committee. But
when the nature of the business was
made known to him. he stated at Duce
that ne was attorney for a majority Of
the private stockholders Of the North
Carolina, and that he might be eE-9ar.
raised. He o. sured the committee 51at
the directors would not lease the road
without the consent Of the private
stockholders, and that there could be
no meeting Of the private stockholders
within ten day s, a8 he, as their atJor,
ney mad advised them not to meet with
the Directors of the NoHJh CagrIina
Railroad in order TO prev3P+' Fey
render Of the exemption from taxation,
secured by their charter. The IRE
prOachable character of Mr.. Battle for.
bids the thought that he was not frank
and honest in his statement. He has
never been blamed by the contaI.lee,
and still has their UtmDst c1Ufjs1ee.
The subcommittee, after hearing Of
of Nj. Battles attachments, directed The
chairman to proceed to WarrenJ0n,
and employ Hon, Q. A. Cook to lake
out an III motion without delay. The
chairman found Mr.. Cock too etck TO
act for the Alliance, end at Mr.. Cooks
suggestion, he Cclegraphed Dir. Cyrus
Thompson to employ Judge Whitaker.
This telegram reached Dr.. Thompson
about three o'clock p. m Aug. Is D., 80
that it was impossible for Judge Whit
aker to prevent the lease being consum-
mated that evening at Burlington.
It was suggested by Judge WhIta-
ker that the validity Of the lease could
be tested by a suit on the part Of a
stakeholder, owning stock at the time
Of the lease. Earnest eff were
made to secure such stock, and nave
the validity Of the lease tested
Upon the recommendation Of brother
Alliancemen, Judge Schenck, Of
Greensboro, was employed in add.
ton to Messrs Cook and Whitaker.
As it seemed impossible to find any
private stakeholder willing to bri g
suit, Judge Schenck was authorized
and directed to ask the Attorney
General for permission to brig the
suit in his rame Attorney General
Osborne gave an informal consent, bat
after a few days recOnsidered, and de,
cided to hear argument as to his duty
in the premises, inviting, in addI.Ion
to the Counsel Of the Alliance, the
Counsel Of the North Carolina Rail
road and the Southern Railway Go.
The Alliance petitioned the Attorney
General to allow the use of his name
to bring suit ''to restrain the North
Carolina Railroad Co from exercising
an assumed power to lease it's whole
road, it's real and personal property,
and all it's franchises, and all rights
which it has under it's charter, to the
Southern Railway Co, a corporation
organized under the laws Of Virginia,
for the term CT ninety nine years.
thereby alternating its property. rights
and franchises to said Southern r III
way Co." This, our first petition, was
fled under Section $50 of The Code,
which makes it the duty of the Attof'
ney General to bring the suit, and a5K
for an injunction against the lease,
The Attorney general having expressed
reluctance to bring the suit hllselI'