The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-07
THE \. {. R. R LEASE
Prof Graham Gives Reasons
Why the State Alliance
ABANDONED ITS SUIT
The Action of Peter Cobb and
Wife a Disappointment.
THE ATTORNEY GENERAL
Criticized Because he Confined Them
to Suit to Annual the Charter
of the North Carolina
Railroad.
THE ATTORNEY GENERAL


The people of the State who do not
endorse a ninety-nine year lease of the
n. C. r. r. to the Southern Railway
were greatly surprised at the action of
the Alliance when the suit to test the
validity of the lease was withdrawn
in Wake Superior court. It was given
out that the reason was that the Al
lance charter did not permit it to
carry on such suit. In order to as
certain the facts, letter was addressed
to Mr.. John Graham, of Ridgcway,
chairman of the Alliance committee,
asking for the reasons. We are glad
to give space to Mr.. Grahan's reply.
1t shows that he has been earnest in
his praiseworthy endeavor to annul
a lease for a hundred years save one,
and that he has withdrawn action only
because obstacles that he could not
overcome were in his way. Prof. Graz
ham writes:
To the Editor: Your favor of to-
day, asking for information in refer
ence to the withdrawal of the suit to
test the validity of the ninety-nine
years lease of the North Carolina Rail
road to the Southern Railway Conn
pany, has been received and ] hasten
TO reply.
The committee, appointed by the ii.
G. Farmers State Alliance at Cary,
reached Raleigh at o'clock a. M,
August 10. The chairman of the COM
mittee, with Secretary Barnes, went
at once to the residence of the Hon.
Richard Battle for the purpose of en-
ploying him to secure the injunction.
Mr.. Battle said that he was not attor-
ney for the Southern Railway, and was
at the service of the committee. But,
when the nature of the business was
made known, he stated at once that he
was attorney for majority Of the pri-
yate stockholders of the North Carolina
Railroad, and that he might be elnbar-
rassed He assured the committee that
the directors would not lease the road
without the consent of the private
stockholders, and that there could be
20 meeting Of the private stockholders
within ten days, as he, as their attor-
ney, had advised them not meet with
the directors of the North Carolina
Railroad, in order to prevent the sur
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 committee,
and still has their utmost confidence.
| The full committee, after hearing Mr..
Battles statement, directed the chair
man to proceed to Warrenton and en-
ploy Hon. G. A. Cook to take out the i'm
junction without delay. The chairman
| found Mr. Cook too sick to act for the
Alliance, and al Mr.. Cooks suggestion,
he telegraphed DIR. Cyrus Thompson TO
employ Judge Whitaker. This tele-
gram reached DIR. Thompson about 3
| o'clock D. m, Aug. 16, so that it was inn
possible for Judge Whitaker to prevent
the leases being consummated that
evening at Burlington.
IL was suggested by Judge Whitaker
| that the validity of the lease could be
| tested by a suit on the part Of a stock
holder, owning stock at the time of the
| lease. Earnest efforts were made to
/ secure such stock and have the validity
| of the lease tested.
Upon the recommendation Of brother
Aliancemen, Judge Schenck, OF Greens
boro, was employed, in addition 70
Messrs. Cook and Whitaker. As II
seemed impossible to find any private
stockholders willing to bring suit
Judge Schenck was authorized and di-
rected to ask the Attorney General for
1 permission to bring the suit IN his
name. Attorney General Osborne gave
an informal consent, but after a few
/ DAYS reconsidered, and decided to heal
argument as to his duties In the prem
Uses, inviting, in addition to the conIlse
Of the Alliance, the counsel ofthe Norti
| Carolina Railroad, and the Southern
| Railway Company. The Alliance petit
toned the Attorney General to allow
the use Of his name to bring suit 'sTc
restrain the North Carolina Railroad
| Company from exercising an assumed
power to lease it's whole road, its rea
and personal property, and all its fran
chises, and all rights which it has undel
its charter, to the Southern Railway
Company, a corporation organized IN
der the laws of Virginia, for the tern
Of ninety-nine years, thereby virtually
alternating their property, rights, anC
franchises to said Southern Railway
Company"
| This, our first petition, was filed I'm
der section csc OF the Code, which
makes it the duty of the Attorney Gen
eral to bring the suit and ask for an in
junction against the lease. The Attor
ney General having expressed reluc
tance to bring the suit himself, unde.
section Csc, Judge Schenck filed TIVE
other petitions, based on sections so
and 1869, hoping and believing that j
permission We're given to bring thi
suit, the prayer for annulment of tn
charter might be waived and an injunc
tion against the lease substituted.
When Judge SchenclS opened the ar
gument before the Attorney General
he stated that his clients did not desir
or expect TO vacate the charter, bu
only to enjoin the lease. The Attorne.
General, after hearing argument from
all parties, applied to the Suprem