The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-03-11
THE R~BCBIVERSHIP CASE
AGAINST THE WESTERN NORTH
CAROLINA RAILROAD.

The Contention that its Charter Rights
and Title We're not Transferred by the
Sale Under Second Mortg.se-Mueh In
terest in the Fertilizer Tax Case. Pendipc
In he Fedrral Court-Compani~so of tn.
estate Guard Recruitiug-Ihe Props.ea
Textile school
Messenger Bureau,
Raleigh, ". c, March Z.
The sheriff here today served papers
on Vice President A. B. Andrews. OF
the Southern railway. in the matter Of
the order OF Judge McIver as to the
appointment of a receiver. In 1880 at
a special session of the legislature the
Richmond and Danville railway bought
for 5000 0 the states interest in this
road. The state was attempting TO
build the road and there was a great
clamor for a sale. The money was
paid in cash, and that year there was
no state tax. The legislature made the
sale and there was joy hat the state
was rid of the road at 50 fine a bargain.
The buyer also paid interest on IS. 000.-
900 of n first mortgage bonds, there
being about the same amount of second
paid. There vas also a floating debt,
quite large, mainly from accrued in
terest on second mortgage bonds In
1893 the Southern bought in the road
at a foreclosure sale by virtue of a
federal court decree under the second
I, ,+-r -,,1;- - ~ H. e -
first mortgage. The sale under the
foreclosure of the second mortgage, it
is now commended, did not carry char
ter rights and title to the property and
it is further contended that the West
ern North Carolina railroad is still in
tact and did not lose it's identity as
other roads which were sold under fore
closure of first mortgage. This conten-
ton is based On Judge Douglas opin-
ion in the James damage suit.
The states sale of it's interest in 1880
was to Clyde, Buford and Logan. The
property was to be held Sc long as in
terest on the first mortgage bonds was
paid.
The extraordinary dryness of Febru-
airy. will he made plain by the state
ment that only AZ of an inch of ran
fell, the average for that month being
about four inches. The mean tempera-
ture was Al degrees or three under the
average.
The railway commission has not yet
passed upon the question of its right
to forbid the issue of Interstate free
passes.
Superintendent MeWboorne, of the
penitentiary, says the manufacture of
brick there will begin this week and
will be on a larger scale than ever be-
fore. He finds the manufacture pays.
There is a good deal of interest in
the result of the case now before the
United States supreme court, Involving
the legality of the tonnage tax on fer
t%ilizers. Only one company and one
attorney have pressed this case. 1t is
said that the other companies do not
in the least object to the tax of 25
cents per ton. A bill was introduced
in the last legislature, ait the sugges-
ton of the agricultural department,
reducing the tax TO 20 cents per ton,
but it did not pass.
Most CT the companies of the state
guard are recruiting. Some are ad-
| vertising for recruits, between the ages
Of u and 40 years of age.
Yesterday morning there was an in
cendiary fire, accompanied by ain ex-
plOsiOn in a Durham drug store, which
| wrecked the windows. Some clerks
who were asleep in the building barely
escaped with their lives.
The promoters of the state textile
school, which it is proposed to eStab-
Iish here as AN adjunct to the agricul-
tural and mechanical college, say they
will be in a position TO place the mat
ter in a very strong way before the
next legislature.
The penitentairy superintendent says
he is at a loss to know why the federal
cOnvicts from South Carolina are not
to be sent here. They are not included
in the order of the attorney general.
COnvicts are to grade the railway
from here to the Cape Fear river. 1t
is expected to have it in operation by
July.
Ex-Private Secretary J. E. Alexan-
der was Cnt today. after quite a severe
attack of the measles.
The supreme court mas heard argu-
| ment in the important cases of State
Treasurer Worth against Stewart
Brothers, Of Winston. ex-state printers,
involving $40, 900, which the treasurer
claims was collected by the Stewards
improperly, being in excess of the real
cost of the work.