The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1896-03-17

under Section $50, Judge ScnencK nl6d
- other petitions, based on Sections
f,5 and 1869, hoping and believing that
= PERMISSION was given to bring this
,.,;- the prayer for aunulUaent OF the
charter might be waived and an in june
tim AGAINST the lease substituted
ubsa Judge Schenck opened the
.~-unaur before the Attorney General,
d., ss.rei that bis clients did not desire
ev--ar d vacate the charter, but
-.., rg eui0In the lease.
I'll. Attorney General, after hearing
o--5uaut ircm all parties, applied to
IN. -uaT,ms court f,r its permission
;- iii. following words: f J. Os-
h.--.. Attorney G-ncral, specially
aa.. .s fsr leave 10 bring an action III
III. pane of the STATE for the purpose
a. .s.5Dg the charter OF the North
C.-rsra railroad. or for such other re
H.f.s the court nag see lit to grant
.-sIlls.s,' ana then follow his
r-.-ars for the above application.
Eu..l other rciitl' me petitioners
I'M --r-.oJd and be iavej to refer TO an
i.1snc.Jad against the lease. As there
Gre oaly two Judgments which can be
give. in such cases. the one for anuuj
e ems a-d me other foe injunction, tho
5s-ar ~gllac' must nccyssarjajy have
rg.r.. g.. 10 Al & junction.
line supreme court granted the A.
-g~... G-ueraI leave 20 briug SUIT as
rr. .aI for" Counsel for .he Alliance
.al lUs Representatives left II jcigh
we'll satisfied with Their case. Within
q DAY or two the Attorney General
ueai i Judge Schenak that he must
cen fine himself TO Ell action for the Va
c.-G5n Cf the charter Of the North Caro-
lima railroad The Attorney Gencrala
telegram tc Judge Schauck wa, DO
you intend 10 aak for g restraining Or
der or receiver In our case?
Judge Schenck replied, We never
had any idea Of apply ing fra receiver
or embarrassing t. C~peIatIon Of the
ROAD, but only to test the validity Of
the le-sa. We may ask fJr an injIrc-
ton, and # We cannot give the bond,
it m.ght 90 over TO tie final hearing
I wife"
judge Sehenck, thinking tha, TIE
Attorney General was opposed 10 va
Gazing The charter 81 the \ nth Caro-.
lica railroad was greatly surprised t
receive il reply to hj5 telegram q sec
ond telegram from Atrorney-Ge nerai
Osborne; to Wit, Do not .PpIy for re
s~tra.ai9g order. Ny permt5-ion to
your desire is t. bring an action 80 I'd
cate the charter and nothing else. 7
refused to grant permission to applJ
for Injunction. I viii state 50 to tBe
court all 7ck cIsnu!7-ml f case ifar4
thing else Is al-en { j. Ii the Judge
does not refuse Restraining order, IwiiI
require g bond OF fifty thoUsan6 dol
lars, and will witt draw permission il
it Is not CIV. II The course OF the Al
tOrney General greatly embarrassed
Judge Scheack ana he wrote q strong
appeal to the Attorney General, s5aE
ing that the sole object of his client4
was 20 test the legal y Of the lease for
njrety nine years, aEd that ii was not
their Ce-ire to des,rcy the North Caro-
lima railroad, ths5 q lease f.r niaety
nine years was q sac, and so admitted
t. be- by Judge B4rvaI in his arsu.
mant before the Attorney General lie
likewise, reminded Inc Attorney Cen
aral, shat after the Supreme court haG
signed the pap T granting him permits.
sion 10 brIng action a-6 after me era