The news & observer., 1897-10-07
THE TUCKER INJUNCTION
AMENDMENTS TO THE CHARTER
MUST BE ADOPTED.
A STATES PROXY MAY Be NAMED
But the Directors are Forever Forbidden 10
Attempt the Enforcement Of the New
Amendments to the A. and
N. C.. Charter.

Judge Simonton yesterday fled with
the clerk Of the United States Circuit
Court here his final decision in the in
junction case Of w. r. Tucker. pri-
vate stockholder Of the Atlantic and
North Carolina Railroad Company,
against D. L. Russell, Governor; q. v.
Walser, Attorney General of North Car
olina: the State Board Of Internal I'M
provements, and Robt. Hancock, E. H..
Meadows, VIM. Chadbourn, w. J. FOLK,
J. s. Mewborne, G. G. Wooten, L. b.
Hewitt, w. H. Sawyer and the Atlantic
and North Carolina Railroad Company.
In this decision it is ordered, adjudged
and decreed as follows:
/. That the bill of complaint be dis
missed as to the defendants-D. l.. Rus
sell, Governor; q. v. Walser, Attorney
General for North Carolina, and the
Board of Internal Improvements of said
State.
2. That the Temporary restraining or
der heretofore granted to wit, on the -
day of ---, 1897, at Chambers in the
city Of Charleston, South Carolina. by
the undersigned Circuit Judge, tSimon-
ton), in so far as it enjoins the enforce
ment of the Act of February 23rd, 1897.
referred to and set out in said bul,
which provides that the Governor and
Board of Internal Improvements may
remove the States proxy and States
Directors in the Atlantic and North
Carolina Railroad Company and appoint
others in their stead when guilty of any
dereliction of public duty, and requires
the Governor to sue for the possession of
ha ind fn 81
receiver thereof to manage and control
the same. if any officer or stakeholder
shall hinder or delay the operation of
said Act, be and the same is hereby dis
solved
8. That the said temporary restraining
erder, so granted as aforesaid, be made
absolute and perpetual in so far as it
forbids and enjoins the enforcement by
the defendants, the Atlantic and North
Carolina Railroad Company, its officers
and agents; and Robert Hancock. p.
H. Meadows, VIM. Chadbourn. W.. J..
Polk, J. s. Mewborne, G. G.. Wooten.
T. B. Hewitt and w. III. Sawyer; of
the act OF the General Assembly of
North Carolina, entitled 'an Act to
amend .an Act to incorporate the aAt-
lantic and North Carolina RAILROAD
Company and the North Carelina and
Western Railroad Company" ratified
on the 18th day Of February, 1897. and
referred to in and made part Of the
hill Of complaint herein. save and px-
cept that the said order shall be 80
modified as to permit the Governor Of
the State. Mt any time hereafter. when
he shall so desire, to appoint a proxy to
represent the interest Of the State In
any and all meetings Of the said Attain
tic and North Carolina Railroad Com
pany.
And the said defendants, the Atlantic
and North Carolina Railroad Company,
its officers and agents, and Robert Han
cock, e. III. Meadows, VIM. Chadbourn,
w. ]. Polk. J. s. Mewborne. 9. G..
Wooten, T. B. Hewitt and w. n.
Sawyer, are forever hereafter enjoined
and forbidden to enforce or attempt the
enforcement Of that provision Of said
Act 90 ratified as aforesaid on the 25th
day Of February, 1897, relating to the
relative number Of votes OF the State
and private stockholders. whereby sec
ton Of the amendments to the char
ter Of said railroad company enacted by
the General Assembly of 1S54-55 is re-
pealed, and that provision Of the said
Act requiring that the presence Of the
States proxy shall be necessary to con-
stitute a quorum, unless hereafter at a
lawful meeting of the stockholders Of
said company held after due notice.
which all the private stockholders shall
enjoy the right and privilege of attend
ing, unrestrained by the order of any
court and in which they shall be al
lowed to vote their own stock and that
they rightfully represent as proxies, the
said Act of February 25th, 1897, above
referred to shall be unanimously adopt
ed by the vote of all the stockholders
present as an amendment to the charter
of said railroad company, in which event
this order shall cease to be binding and
operative.
4. That the defendants, d. L. Rus
sell, Governor; Y. V. Walser, Attorney
General, and the Board of Internal I'M
pr0vements recover their costs of the
complainant; and that the said complain
ant. w. Il. Tucker, recover of the other
defendants above named all his costs
rightfully expended herein to be taxed
by the clerk of the Circuit Court at Raj
eigh, North Carolina.
EIZN