The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-07

with great difficulty that they at
length found one share of stock in the
hands of Mrs. Peter Cobb. The pur-
pose of the Alliance was fully explain
ed to Mr.. and Mrs. Cobb. They had
great personal esteem for Judge
Schenck and finally agreed to let
David Schenck have the use Of their
stock. We gave them a bond to secure
them against all court costs, all law
yers' fees, and any depreciation below
par in the value of their stock. They
had only one share of stock, and did
not wish to sell, nor could we buy
without FORGETTING the use of the stock
in our suit. The Cobbs assured us that
the Southern Railway Co, could not
buy their stock for one thousand dol
lars. We were delighted at our sue
cess, not knowing of the bitter disap-
pointment in store for us. After the At
torney General would not recede from
his determination to dismiss our suit,
If we attacked the lease, we decided TO
bring suit in Guilford county, on the
Cobb stock, they having given us an
irreyocable power of attorney to bring
suit in their name. We did not have
the suit in Wake dismissed not know
attorney might have been signed UNI
Willingly by Mrs. Cobb, although she
said that such was not the case. With
out notice or complaintto their friends,
the Messrs. Schenck, Mr. and Mrs.
Cobb went to Greensboro and entered
retraxit. This ended the Cobb suit.
After a few days, I wrote directly to
the Attorney General, asking that he
~. Il. ..e A 41
conduct our suit in accordance with the
permission granted him by the Supreme
Court. No reply to this letter being
received, waited until the 10th of Feb
.ruary, and registered another letter to
the Attorney General, renewing the re-
quest to be allowed to test the validity
of the lease. On February 22nd, not
having heard form the Attorney Gem
eral, and never having intended to
ieopardize the charter of the North
Carolina Railroad, / wrote Judge Whit
aler, requesting him to withdraw our
action. / could not wait longer, as
Wake court convened Monday the gath.
| Tuesday the 25th, ] received from the
f; Attorney General letter dated and
/ postmarked February 22nd, saying.
/ ''The permission is to bring an action
| to vacate the charter of the North Car
DINA Railroad Company. If you do
not demand that relief, or some other
relief, your action will be dismissed"
| As chairman of the Alliance commit
/ tee, ] have used all the means in my
power to have the validity of the lease
1 tested That it is invalid, I fully be-
/ lieve, and that it is the duty of the
/ Attorney General to have the matter
passed upon judiciously
I All expenses incurred in the two
suits have been paid by individual Al
[ liancemen.
| The people Of North Carolina will see
(! to it that the doors of Justice, opened
I by the Supreme Court, are not closed
until the validity of the lease is tested.
Respectfully yours,
JOHN GRAHAM,
/ Chairman Alliance Committee.
/ Ridgeway, N. c., Feb. 20, 1896.
THE STATE TREAsURER'S LETTEh
State Treasurer Worth writes:
TO the Editor: Yours of 28th inst. to
hand Replying to same will say that
/ the North Carolina Farmers Alliance
stands TO day exactly in the same at
titude towards the lease of the N. G..
r.. r. as it stood last August at Cary
unalterably opposed to it.
The suit, as / understand, seems to
have been brought to yacate the char
ter, and not, as the Alliance desired,
to set aside the lease. The Alliance
does not desire the charter interferred
with, but does wish the legality of the
lease tested in the courts.
/ The Alliance fight is against the
lease, and not against the charter.
Very truly, etc,
w. III. WORTH.
Raleigh, n. G., Feb. 20, 1896.
Letters of similar purport have also
been received from State Secretary
Barnes and Mr.. ]. NJ Mewborne, mem
Der of the Alliance Executive commit