The Caucasian., 1896-03-12
THAT SO YEAR
R. R. LEASE.
A Plain Statement Of Wha. Has
Been Attempted and Wha,
Has Been Done.
WHY SUIT WAS BROUGHT

uhe pteu pouc.
WHY SUIT WAS BROUGHT
Tho Attorney G.nsr.i'. Ssit we.ia Have
Pat The Alliance In . S.i.s e..iIIoa
Private stoskhoid.r. G.sk Doss-A
Plain Statement Of {. Very Impsrt.s,
Matter.
RlD0EwAY. n. c, March G. For
the information OF the people of
| North Carolina. The following Ac-
coun. of the efforts of tho Farmers |
State Alliance 10 have the validity |
of the lease OF the North Carolina |
Railroad TO the Southern Railway
Company for a of period ninety nine |
years tested il our courts OF justice |
has been prepared. and copies Of
the same have been sent 10 the Pro
gressive Farmer and 10 the News and
Observer.
The committee, appointed by the
North Carolina Farmers Alliance
at Cary. reached Raleigh AT seven
O'Clock q. m, August 10th. The
chairman of the committee with
Secretary Barnes went al once to
the residence or the Hon. Richard
Battle for the purpose of employing
him to secure an injunction.
Mr.. Battle said he was not attorney
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 private stockholders of the North
! Car olina Railroad and that he might
be embarrassed. He assured the
committee that the directors would
; not lease the road without the con-
sent of the private stockholders, and
that there could be no meeting of
the private stockholder within ten
days, as he, as their attorney, had
advised them not 10 meet with the
} Directors of the North Carolina Rail
\ road in order to prevent the surren
der of the exemption from taxation
secured by their charter. The IRE
e proachable character OF Mr.. Battle
forbids the thought that he was no
frank and honest in his statement
mittee, and still has their utmos
confidence. The full committee, af
he ter hearing Mr.. Battles statemen,
Is directed the chairman to proceed I
Warrenton and employ Hon. Z. A
Cook to take out the Injunction with
out delay. The chairman found MI
Cook too.sick to act for the Alliance
l and at Mr.. Cooks suggestion, he te
a. egraphed DIR. Cyrus Thompson
ne employ Judge Whitaker. This to
e egram reached DR.. Thompson abor
IN three O'Clock p. M, August 10th, S
n that it was impossible for Judg
" Whitaker to prevent the leases b.
us ing cOnsummated that evening {
No Burlington.
,ts =. 1t was suggested by Judge Viii
'm aker that the validity Of the lea'
nf could be tested by suit on the pa
III of a stockholder, owning stock
as the time of the lease. Earnest effor
o. were made to secure such stock al
ha ~ have the validity of the lease teste
~ Upon the recommendation
:; - brother Alliancemen, Judge Schen'
81 of Greensboro was employed in a
w.. dition to Messrs. Cooke and Whit
~ ker. AS it seemed impossible to iii
g., any private stockholders willing
at bring suit, Judge Schenck was a
on, thorized and directed to ask the A
= T torney-General for permission
~ bring the suit in his name. Attorne
g General Osborne gave al inform
"a consent, but after a few days
80 considered and decided to hear
80 gument as to his duty In the pre-
rha ises, inviting, in addition to
Counsel of the Alliance, the Coun
. ~ of the North Carolina Railroad q
W the Southern Railway Company.
ono The Alliance petitioned the
;. 10 torney-G General to allow the use
s.I his name to bring suit "to restr
.nod 80" the North Carolina Railroad U
"f pany from exercising an assur
go power to lease its whole road, and
,nnt its franchises and all rights whic
has under its charter to the South
.. Railway Company, a corporal
roht organized under the laws OF
tner ginia, for the term of ninety-I
'neir years, thereby virtually aliena'
tne its property, rights, and franchi
wer' to said Southern Railway Compai
more This, our first petition, was
'iaVe under Section 6S6, Of the q
'lmi- which makes it the duty of the
Two torney General to bring the suit
ton, ask for an Injunction against
rant lease. The Attorney-General
'oiit- ing expressed reluctance to b
nt ny the suit himself, under Section
'r,n Judge Schenck fled two other
> mas tions based on Sections 6Oo and
tne hoping and believing that If
nave mission were given to bring
were suit, the prayer for ANNULMES'
ckets THE CHARTER might be waived
vast an INJUNCTION AGAINST THE l.
1n.o substituted.
eo a.t 70 When Judge Schenck opened
- 80. argument before the Attorney
I eapl, he stated that his clients
.u not desire or expect to vACATE
uap CHARTER but only to ENJOIN
'0' LEASE. The Attorney-General
s,h ter hearing argument from all
~. ties. applied to the Supreme
'oo ~ for its permission in the folio
as a " es.C = O,horna Alto
inter- Woiue o.e,Il, .nnI;es
politi- Henefa'' r aa,;on IN +ba na,
s and iea'S ~ oi.us en ~ Ho nn-nosa - of :
anciai tne n'a'e ~. w ~ Sor,h
j sys ing 'ne n:,nes Sla ~ roo srcn n
,rinci- una nailoau, oH nornr ~ sr,
entire hhLiL. Ao IL. 30 onruISHs. .nJ
n era ~ enA .o.a Co. .ha .ho,
lch as 10!low hi' ie; a;oL .so.ha ~ rai;st
nation pnca tion nSa.oaaa 80 nal
30 to refer to an INJUNCTION AG
THE LEASE. As there are Onl.
judgments which can be Civ