The Caucasian., 1896-03-12

General notified Judge Schenek
that he must confne himself to an
action for the VACATION or THE
CHARTER Of the North Carolina Rail-
road. The Attorney Generals tele-
gram 10 Judge Sehenek was: DO
you intend TO ask for a restraining
order or receiver in our easel"
Judge Schenk replied: "We never
had any idea Of applying for re-
csiver or embarl assing the operation
Of the road, but only to test the VA
LIDITY or THE CASE. We may ask
for Injunction and II we cannot give
the bond, il might go over TO the
final hearing"
! write: Judge Schenck, thinking
that the Attorney-General was op
posed TO vacating the charter of
the North Carolina Railroad, was
greatly surprised to receive in re-
ply to his telegam d second tele-
gram from Attorney General Os
borne; TO wit. .Do not apply for re-
stralnlng order. Ny permission to
your client is to bring an action to
vACATE CHARTER and NOTHING ELSE.
| refused to grant permission to ap-
ply for Injunction. ! will state so
to the court and ask a dismissal of
case ifANYTHING ELSE IS ATTEMPT
Ed. II the Judge does not refuse
restraining order, will require a
bond Of fifty thousand dollars, and
WILL WITHDRAW PERMISSION if it is
not given
The course Of the Attorney Cen
eral greatly embarrassed Judge
Schenck and he wrote strong ap-
peal to the Attorney-Gene stating
that the sole object of his clients
was to test the legality of the lease
for ninety-nine years, and that it
was not their desire to destroy the
North Carolina Railroad; that a
lease for ninety-nine years was a
sale, and so admitted to be by Judge
Burwell in his argument before the
Attorney-General. He likewise, re-
minded the Attorney General, that
after the Supreme Court had signed
the Paper granting him permission
to bring action, and after the en-
ployment of Judge Whitaker and
himself to conduct the suit, that he,
the Attorney General, had said, II
do not intend to allege in the COM
plant that the lease is invalid To
this Judge Schenck says he replied:
Then it Is worth nothing to US, for
we cannot raise that issue without
an allegation as to its invalidity IN
the complaint" Judge Schenck's
recollection of Mr.. Osborne's reply
is: We'll, | will permit you to bring
the action in Graham's name and
you can allege what you please, and
manage the case to suit yourselves"
Judge Schenck says that this was
new proposition to him, and, as
Judge Clark had just stepped into
the room, he submitted it to him.
Judge Clark said, 81 think it is
right; if it is not, you. can amend it"
Attorney General Osborne then gave
Judge Schenck paper authorizing
me to bring suit to vacate the char
ter of the North Carolina Railroad,
but emitting the words "or such 9TH
or relief as the court may see fit to
grant"
Judge Schenck maintains that the
paper was simply to confer power
to bring the action as granted by
the Supreme Court, and that the At
torney-General had no right to alter
their Judgment. Judge Schenck
was greatly exhausted by his efforts
In behalf of his clients, and being
very feeble, he failed to examine
carefully the paper given him by
the Attorney-General.
While Judge Schenck was so no.
ply battling for the people of
North Carolina, the chairman of the
Alliance committee and David
Schenck, Jr. were looking for pri-
vate stock of the North Carolina
Railroad, on which to base an ac-
ton In case decision of the Attorney
General might be adverse. 1t was
with great difficulty that they, at
length, found one share of stock in
the hands of Mrs. Peter Cobb. The
purpose of the Alliance was fully ex-
planned 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 Sc
cure them against all court costs,
all lawyers fees, and any deprecia
ton 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 forfeiting the
use OF the stock in our suit. The
Cobbs assured US that the Southern
Railway Company could not buy
tnelr stock for one thousand dollars.
We were delighted at our success,
not knowing the bitter diaappoint-
ment In store for US.
After Attorney-General Osborne
would not recede from his determi-
nation to dismiss our suit, if we at
lacked the lease, we decided to bring
'ult IN Guilford county on the Cobb
STOCK, they having given US an ir
'evocaoie power attorney to bring
suit In their name. We did not
nave the suit in Wake dismissed.
1ot knowing but that some previous
power OF attorney might have been
signed unwittingly by Mrs. Cobb,
although she said that such was not
he case.
without notice or complaint to
heir friends, the Messrs. Schenck.
Mr.. and Mrs. Cobb went to Green's
noro and entered in to a retraxit.
This ended the Cobb suit,
After a few days, l wrote direct
y TO the Attorney-General, asking
nat ne allow the counsel of the Al
lance TO conduct our suit in accord
'hee with the permission granted
Inn by the Supreme Court. No re-
'ly to this letter being received. ri
waited until February 10Th and req |
stored another letter to the Attoruev-
Ieneral renewing the request tn he