The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-07

hill and VAS known of all that such ser
, vice was rendered the State freely and
voluntarily. 1t is further true, that the
Governor. pending the consideration OF
&aid bill by the committee, did send spe-
cial message to the Legislature which Is
Exhibit III" of the bill. 1t is not true, as
! this defendant is advised and believes,
| that counsel purportfng to represent the
| Governor openly and repeatedly declar-
ed the Executive claimed 1.-The lease con-
! tracts were Illegal, null and void, and
! that suits would be brought to annui
! them, whether or not the pending bill
| drafted at the request of the Governor
| should be enacted And further an
| swering this defendant AYERS that no one
| had the authority to make any such de-
claration for him. 1t is true no bill or
substitute affecting the contracts of l1th
| September, 1871, or OF August 10th,
| 1895, ever passed the General Assembly
of North Carolina at its session of 1897.
This defendant has neither the right nor
inclination nor desire to bring any
| action, the object Of which
| shall be to repudiate or set aside
any contract in which the State Of North
| Carolina is interested; but he asserts as
he has heretofore in this answer asserted,
his right and duty as Attorney General
to bring such action as he is by law au-
thorized to bring for the protection of the
interests of the State of North Carolina
| in the exercise of his judgment and dis
| erection.
| This defendant has no means OF know
| ing what the complainant has reason to
| fear. but AYERS that any fear on the part
of the complainant that he will attempt to
| do anv unlawful or inequitable act is
groundless. The allegation that the de-
PENDANT Russell las Governor" will make
use of his powers as Governor to remove
and appoint directors of said North Car
| DINA Railroad and proxy to rep
resent the majority Of its stock, and lille
gally and contrary to equity Will make
| use of such power OF removal and ap-
pointment so as to cause the directors
| and proxy to take action under his di-
rection to repudiate and annul the SAID
lease and to cloud the title of your ora
| tor in. to and upon said lease-hoh es-
| tate sis, as this defendant is informed
| and believes, not true. And further
answering said article this de-
PENDANT AYERS that he has new
/ err intended and Will never
| institute or cause to he instituted any
| ineuuitable or vexatious suits through
| the Board of Directors of said North
| Carolina Railroad or States proxy or
| through other agency or person, but that
he reserves and claims the right, as At
| torney General of the sovereign State, at
any and all times to institute and prose-
| cute any and all suits either in law or
| equity. which in his discretion, under
| the laws, he may or shall deem proper
| and necessary in indicating and main
| tanning the lawful rights of the State
| and people OF North Carolina. And he
protests that no court, either State or
| Federal, has the power to modest or re-
| strain his actions in the premises. For
| further answer this defendant AYERS
| that he has never contemplated or in
| tended and does not now contemplate or
| intend to take or to procure to take any
| steps in the premises but such as are
warranted by law, and these only
| through the instrumentality Of the courts
of the land.
| %. In answer 10 section twenty-three
| of the bill of complaint this defendant
| says that the instrument of the 10th of
| August, 1895. is not a modification or ex-
| tension of the lease of the 18th of Sep
| TENDER. 1871. and that any action
| brought by the Governor or Attorney
| General of said State for the purpose OF
| testing the validity and force of either
of said instruments will not be taken by
and in respect OF any alleged right of the
| defendant the North Carolina Railroad
| Company, and cannot in effect consti-
| tute or be treated as n proceeding by or
in respect OF the corporate right of the
said defendant the North Carolina Rail-
| road Company; but said proceedings if
| taken, will be by the State Of North
| Carolina in its sovereign capacity in &C
| cOrdance with the law in pursuance of
its constitutional powers over all corpora
| tons created by the laws of said State
or doing business within its limits, and
| the same will not be an attempt to inn
pair the obligation of any contract or
| constitute breach OF Amy covenant as
| charged in the twenty-third section of
| the bill of complaint
"a. In answer to the twenty fourth
| article of the bill of complaint, this de-
| PENDANT AYERS that whatever may be the
| effect of apprehended suits to test the
validity Of the lease of September 18th,
| 1871, or the lease Of August 10th, 1895,
| such consequences cannot operate to
| limit or control the discretion of this de-
| PENDANT as Attorney General Of the State
of North Carolina, and if the bringing
| of such suits does impair the value OF
| the securities Of the complainant, the
| right to resort to the courts by all per-
| sons whatsoever to ascertain and adju-
dictate their rights is part of, and in
| herent in any contract; and works no
| such injury as to give to court of
equity the power to restrain any per-
| son from the assertion of such rights
| that if the contracts of September 18th,
1871, and August 10Th, 1895, are valid
| and legal, then the complainant will not
| sustain any injury from the bringing of
| any action that will ascertain and de-
clare that fact. That said article other
| than as above admitted is denied.
| 25. Further answering the bill of