The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-02

Accomplishment and Directors n. the
Atlantic and North Carolina Railroad
From Carrying Out the Provisions of the
Acts of the Last Legislature Regarding
Ihis Railroad.
Especial to The Messenger
Raleigh, n. c., March 29-Todav
Governor Russell ard Attorney Cen
eral Walser had an Injunction served
or them and one will be served on each
Of the newly appointed directors of the
Atlantic and North Carolina railroad
restraining them from attempting to
carry out two acts of the general as
sembly, amending the charter of the
said road. which gives the governor
control Of that road. This action is
brought by w. r. Tucker, Of Raleigh,
the largest private stakeholder in the
road. Ex-Judge Boykin and ARMS
tead Jones, Esq, will aDpear for Mr..
Tucker. The restraining order Is re-
turnable before Judge Simonton at
Greensboro April 9Th, the day after the
hearing of the North Carolina railroad
injunction case.
Governor Russell said he had not
read the papers served on him. He
said II will appoint the states proxy
if / choose, and when l choose. l shall
not ask any United States judge, when
[ can do So, I AVE had no occasion to
make any appointment. Dortch re-
signed six months ago"
The Charleston News and Courier of
-. IT, co11~,-ion noc0lInt
Of the issuing of this restraining order:
The governor of North Carolina has
again been restrained by a United
4 States circuit judge. Saturday morn
ing the Hon. E. T. Boykin, Of Raleigh,
representing one Of the largest stock
holders in the Atlantic and North Car
DINA railroad, appeared before Judge
Simonton in Charleston and obtained a
restraining order against Governor
Russell, preventing him from enforcing
the new law passed by the recent SEES
sion of the North Carolina Legislature.
The paper will be filed at 9 o'clock this
morning with the clerk of the United
States circuit court in Raleigh. 1t is
likely to Great a. considerable stir in
North Carolina in railroad circles. Dur
ing the past few months a big tight
has been in progress between the rail-
roads and the state government, ana
the acts passed at the last session of
the general assembly are alleged to be
unconstitutional The restraining or
der is made returnable before Judge
Simonton, at Greensboro, on April .,
1897.
The North Carolina legislature has
undertaken to revOlutiOnize all the pub
lin jnCfit1ltjnnG in the state If Will ne
remembered that a short time 6
Judge SimOntOn restrained the govern
or OF North Carolina from in any way
interfering with the lease of the North
Carolina railroad to the Southern for a
period of ~ninety-nine years. NOW,
Judge Simonton, at the instance of Mr..
w. X. Tucker, who owns $135,51O worth
of stock in the Atlantic and North Car
DINA railroad, through his attorney,
Judge r. r. BOykin, has restrained
Governor Russell from the enforcement
of the two acts of the state legislature
of 1897. These acts are intended to
transfer the management and control
of the road from the private stockhold-
ers to the state. Under the original
charter the state owns tWO-thirdS of
the stock and the private stockholders
the other third. By the terms of this
charter which provides a guaranteed
scale of votes, the state is only entitled
to $50 votes, while the private stock
holders are entitled to about 700.
The object of this legislation is to re-
peal this provision of the charter and
make the state dominant in the control
of the affairs of the road. 1t is pro-
Vided likewise that the states proxy
shall be present at all meetings of the
company to the end hat a quorum may
be constituted. This provision is not
contained in the old charter.
One Of the acts provides that upon
the mere suggestion of the governor,
the states proxy and the states di-
rectors may be removed and a meeting
called forthwith for the election of a
new president. 1t likewise places Sc
we're penalties on any of the officers or
agents Of the company who shall refuse
to surrender the property, books and
records of the company to the newly
appointed officers on their demand.
Also, it is declared that upon such re-
fusal to surrender possession of the
property of the company, and upon
any stockholders or interested party re-
sorting to the courts for the purpose
of contesting the provisions of the act.
the governor shall designate some per-
son in the territory contiguous to the
road, who shall sue the old officers for
the possession of the road, and for the
appointment of a receiver. who shall
take charge of, manage and control it
for an indefinite period of time.
1t is contended that these several pro-
visions of the acts of 1897 are uncOnsti-
tutional and void and that they de-
prive the officers of the road of their
property rights in their office without
notice and without a day in court; that
it deprives the judge of his discretion,
the act making it mandatory on him
to appoint the receiver. whereby his
judicial discretion is taken away; in
tha II violates the obligation of the
charter contract in that it deprives the
private stockholders of their rights
without due process of law; in that it
is partial n unjust Legislation.
It is alleged in the bill filed before
Judge SimOnton that the only reason
for the enactment and attempted en-
forcement OF these acts is purely polit-
zeal. The Atlantic and North Carolina
railroad has been declaring dividends
lnAax ILL., la.A.-l -L-