The news & observer., 1897-02-09


here he eulogized the Federal bench from
Marshall down, to whom he ironically
referred as a foreigner-a Yirginian. He
was not afraid Of the State courts and
the State juries, but what he objected to
was not being a citizen, but to being a
citizen subject at any time to expulsion
ut the behest of any one man. 1t was
not to be spoken of at the same time with
George III. Whenever you say 2 cents
fare Capt. Days head was in the same
yoke with us, but as to license, he was
against us.
Col Henderson referred to the sale
feature of the bill, when Judge Avery
arose and said they we're willing to yield
to these objections and confine them
selves to the annulling of the lease and
the license.
Shlal the lease be attacked? Any stock
holder can go into law to attack it; but
he objected to legislation, declaring it
nullity.
Sutton; The act cannot annul the lease.
Col Henderson: The Governor says so
in his message.
Busbee: 1t will be legislative declara-
ton of it's nullity.
Henderson, continuing: Why is it the
Legislature must take action in advance?
If Cobb won't stick for you, get some
body else.
Sutton: Suppose we can't.
Busbee If nobody can be gotten, why
bring the suit at all.
Henderson: Why don't you let the Coy
ern0r bring the suit through the Attorney
General. 1t is slam Oh him not TO
trust him to do his business.
Avery: If you were anxious to bring it.
why did you get the decision from the
Attorney General not to bring itP We.
are not anxious TO have the suit brougt,
replied Col Henderson.
The Colonel here proceeded, saying that
Judge Avery was not under OATH that he
was counsel, receiving a big fee either
from the Governor or the railroad.
Judge Avery arose and pointing his fin
ger at Col. Henderson, said: Stop right
here, Col. Henderson; if you mean to say
that l want to answer it categorically.
Col. Henderson did not mean to ques-
ton Judge Averys word
Judge Avery then added that it had
been stated in the public prints referring
to an editorial that appeared in the Raj
eigh Tribune Sunday morning), that he
represented the railroad, though he had
said that he represented the Governor.
alone. He wanted to say that the man
who charged that was an infamous liar,
and that he was responsible for it.
Mr.. Fab. Busbee hoped up saying that
nobody had insinuated any such thing.
AT the close Of Col. Henderson's speech
he regretted any extreme speech that he
may have used in the heat or argument,
and, following, Judge Avery said he was
sorry if he had displayed any undue feel
ing, but he repeated his denunciation IF
the charge above, and said he wanted
simply to bring the author from under
cover so that he might tell him so to his
face.
Mr.. Fab. Busbee said, of course. no.
body that knew Judge Avery could make
such a charge.
Mr.. John Graham's name had been
used, and Chairman Cook wanted to give
him chance. Mr.. Graham said that the
fight was not one between the Seaboard
and the Southern, but one between the
people Of North Carolina and organized
capital Mr. Graham stated the status
of the stock, and complimented Capt
Alexander, but said the outsiders had
rights as well as the private stockholders
The farmers were glad to have so strong
a help as the Governor of North Carolina
He had no stock, but he was a North Car
Gilman, and he believed the private
stockholders had had more than their
share. He traced the stock from the time
it was 40 cents in the dollar and gave
the financial outline, and went into his
connection to his suit He referred to
the charge that he had been bought out.
The man who said it was a lie. Capt.
Cook interrupted TO say that he had made
a remark, but had not intended it for Mr..
Graham, but had said that he heard that
the man who first brought the suit had
been bought out. Several gentlemen.
Mr.. Busbee, of course, among them, said
that it had been so understood by those
who read the News and Observer, Mr.
Graham agreeing that he had so under
stood it. Mr.. Busbee said it was mis-
take of the reporter, and Mr.. Cook said he
he had sent card to the News and
Observer correcting it. Mr.. Graham
continued to explain his connection which
was clearly done, having been finally
told that by Judge Schenck that ex-At-
torney General Osborne would bring
the suit, though Mr.. Graham suggested
that he could not well bring suit against
the head of his official family Mr.. Gra-
ham could not catch up with any stock
that had not been sold; but ne finally he
caught up with an old man named Cobb,
who had one share of stock, and who
being Republican said he liked him
(Graham) better than he did
the Democrats and gave him
the stock. He had given Mr.
Cobb the ten dollars only because ne
thought it was legal consideration to
chnch the contract. The Attorney Gen
eral had given him the right only to
vacate the charter. In the meantime,
Mr.. Cobb he had heard had come to
Greensboro and Withdrawn the suit
Judge Avery asked if he knew what he
had got to break off Graham
had heard some men laughing
and that they said Cobb had been
bought off, The ten dollars had been
repaid, and the costs had been, of course,
secured to him, but it seemed to be
agreed that nobody knew of anybody's