The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-30

writ.
This bond was given at 10 o'clock yes
terday morning.
The defendants are required by the Or
der to appear at Greensboro on the 9th
day of April and show cause why thu
restraining order should not he made
THE THIRD ATTEMPT.
This was the third attempt to get an
injunction in this matter. The restrain
ing order was first granted by Judge
McIver on Friday night, March 10Th.
at Beaufort. This injunction restrain
ed the new board OF directors from or
gaafizing and electing officers, and enjoin-
ed the Governor or any person author.
lied by him from applying for appoint
ment OF receiver or performing any Of
the acts prescribed in the two laws passed
by the last Legislature touching this
road.
The injunction papers were In Raleigh
ready to be served the next afternoon,
March 20, but Judge McIver changed his
mind and vacated that part Of his order
prohibiting the Governor from applying
for receivership. So, OF course, the
papers were not served, but instead, Mr..
fuckers counsel went down to Beau
fort to try to induce Judge McIver to
keep the order in effect.
This hitch let the whole secret out,
and the new Board Of Directors met hur-
riedly on the following Tuesday, March
23rd, organized and made formal demand
for the road. This was done Tuesday af-
ternoon before another injunction could
be gotten out.
- lnA n Oh,
counsel to Charleston, to obtain an in
Boykin left here Friday for Charleston
on the 1:45 train. The injunction was
granted Saturday and he returned yes
terday.
The charter OF the Atlantic and North
Carolina Railroad gives the stockholders
control OF it. The two Acts jassed by
the Legislature takes this control away.
This, it is claimed, is an amendment to
the charter impairing the obligation OF
contracts and therefore unconstitutional.
1t was on this ground that 1t was taken
into the Federal court.
This legislation" added Judge Boykin
"is part of the general policy
Of the present administration to subvert
and revOlutionize all the public insti.u-
eeted." =
These two Acts were passed by the
Legislature, it is claimed, in order that
the Republicans might take control Of
the road Mt once without waiting for the
term of the directors and officers to ex-
pire. These had been elected for one
year, and their term does not expire until
next September. They surrendered the
road last Tuesday because they feared
that il they resisted receiver would be
appointed, and the other penalties pre-
scribed in the two Acts of the Legislature
visited upon them. it~a >.
1t will be remembered that just before
the Legislature met the private stock
holders met in Goldsboro and, in accord
ance with the power delegated to them
under the charter, passed new set Of
bylaws practically stripping the pres
ident and directors of their power. 1t
was because Of this that the Legislature
attempted to pass new legislation touch
ing the road. e
The road is said to be now entirely
out Of debt and in good condition.
WHAT THE GOVERNOR SAYS.
Governor Russell was seen late yes
terday afternoon and asked what he
thought of the injunction that had just
been served on him. He said:
II suppose this man Tucker, or who
ever he is that calls himself plaintiff,
thinks that there is nothing needed to
grind out an injunction but to tell a
Federal judge that he ID a bond-hol ar
and wants the State, the Governor, the
Legislature and the people enjoined from
Aosva IN hnk hn LD o,,I
commanding them to apologize for ever
serfs and slaves OF the bond holding and
gold-hoard;ng classes. il ~
These injuncti0ns of Simonton's
against the State have caused the blood
Of North Carolinians to boil, and well
it may be, 30. But they are no more In
famous, outrageous and devilisb than %
the injunction gotten up BY the. railroads
against themselves for the purpose OF
depr:ving the people of the benefit OF
competition among common carriers.
'These railroad judges are actually
trying to deprive our producers Of the
benefit Of competition in freight rates
while their products are exposed to the
competition Of the markets OF the
world-competition, cold, relentless and
deathly, for the producer and the to.ler,
but none Of it for the coupon-clipper who
lives upon their labor and laughs at their
calamities."
REPUTATION OF BONDS.
/ then called the Governors attention
to the report that the cities Of Newbern
and Wilmington are resisting payment OF
interest on certain railroad bonds on the
ground that there is technical defect
in the Act passed by the Legislature au-
thorizing their issuance. OF these New
bern issued $4,000 to help build the
Wilmington, Newbern and Norfolk Rail-
road and Wilmington issued 100000
for the same road and $15O.OO0 for the
Cape Fear and Yadkin Valley. / asked
the Governor if he had heard the report
and what he thought Of it.
"Yes," he said. II hear something Of
that sort. do not believe in any such
reputation OF honest debts. These cities
voted these bonds for the purpose of get
ting the railroads and they got them.
These bond-holders gave out their money
Il l. L n 49, IL