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

complainant should not be disturbed so
long as the terms of that contract are
faithfully carried out by the complain
ant, and they deny any purpose to do
any act or thing to disturb the complain
ant under that contract, but believe the
complainant should be protected from any
unlawful interference with it in its Oper-
alton of the road.
Attorney Generals Answer.
UNITED STATES CIRCUIT COURT.
FOR THE WESTERN DISTRICT
OF NORTH CAROLINA.
The Southern Railway Company
VS..
The North Carolina Railroad Company.
Sydenham B. Alexander, w. c. Max
we'll, Lee S. Overman, Charles w.
Johnston, Ed. Chambers Smith, V. r..
Turner, Hugh MacRae, John p. ALI
son, III. w. Fries, Bennhan Cameron,
r. f. Hoke, ]. J. Young, Daniel L.
Russell, Zebulon Vance Walser and
J. NJ. Wolfe.
IN EQUITY
To the Honorable, the Judges of the
Circuit court of the United States, for
the Western District OF North Carolina,
sitting in Equity:
The answer of Zebulon Vance Walser
as an individual, and not as Attorney
General of North Carolina, one of the
defendants. to the bill Of complaint of the
Southern Railway Company. complain
ant:
This defendant, reserving to himself all
right of exception to the said bill Of COM
plant, and declining to appear in this
honorable court as Attorney General as
aforesaid or to do any act or give any
consent which might make the State Of
North Carolina party to this suit, for
answer thereto says:
/. That this defendant has no knowl-
edge nor information sufficient to form
belief whether complainant was duly
organized under the act of the General
Assembly of Virginia as set forth in
Exhibit d. referred to in the first ar
ticle of said bin, and therefore he de-
mands strict proof thereof.
q That the allegations contained in the
second article of the bill of complaint
he believes to be true.
3. That the allegations contained in the
third article Of said bill of complaint are
true except so much thereof as ayers
that 1.-The Governor of North Carolina
now, a at all times heretofore, is in full
control of the corporate management and
action OF the defendant, the North Car
DINA Railroad Company" and this ale
CATION is not true.
f. 1t is true that Hugh MacRae, H.W.
Fries, Bennehan Cameron and r. f.
Hoke, are directors of the North Carolina
Railroad Company, elected by the private
stockholders thereof, as alleged in the
fourth article of the bill of complaint,
but it is not true that w. c. Maxwell,
Lee S. Overman, Charles W. Johnston,
Ed Chambers Smith, V. Il. Turner,
John T. Allison, J. J. Young and Syden-
ham B. Alexander are now directors, or
that either of them is a director Of the
North Carolina Railroad Company; and
this defendant AYERS that the said last
named eight persons were duly removed
from their said offices of directors since
the filing of this bill, to-wit, on the day
of March, 1897, by the Governor of North
Carolina, by and with the advice and
consent OF the Council Of State, copy
of the record of which proceeding is here
to attached and marked Exhibit 81" 1t
is true that all of said persons named in
said article foar are citizens of the State
Of North Carolina This defendant fur
Their AYERS that II. u. Buffers, William
Gilchrest, John S. Armstrong, John
Graham, V. S. Lusk, Chas. A. Cooke,
II. NJ. Norment and A. w. Graham
were duly appointed directors of said
railroad company by the Governor by
and with the advice and consent of the
Council of State, as will appear by refer
ence to said Exhibit 81" and that they
have duly qualified as such directors.
5. That it is true that J. M. Wolfe is
citizen Of the State of North Caro-
lima and that he was at the time of the
fling of this bill, the proxy of the State
of North Carolina, for the North Caro-
lima Railroad Company; but it is not true
that the said Wolfe now holds the proxy
or power Of attorney from the Governor
of said State, authorizing and empowering
him to vote in respect of all the shares OF
the capital stock of the North Carolina
Railroad Company owned by the State
Of North Carolina; on the contrary, this
defendant AYERS that the said power Of
attorney has been revoked by the Gov
ernor of North Carolina, and that-has
been duly authorized and empowered to
represent the State of North Carolina
and to cast its vote as a shareholder in all
meetings OF the stockholders OF said
company.
6. That it is true that the defendant,
Daniel l.. Russell, is a citizen OF the
State of North Carolina and that he is
Governor of said State, and that the said
Zebulon Vance Walser is a citizen of said
State and Attorney General thereof. But
this defendant denies the jurisdiction
Of this court to compel the Governor of
North Carolina or the Attorney General
thereof, or either of them in his official
capacity, to perform or to refrain from
performing any duty imposed upon them
or either of them by the laws Of said
State, and involving the exercise of a
discretionary power.
@HsuLR