Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-02

Raleigh, n. c., May Judge Simon
ton yesterday filed supplemental
opinion in the case of the Blackwell
Durham Tobacco Company. involving
the appointment of permanent re-
ceiver, the winding up OF the affairs of
the corporation and the sale OF the
property.
Judge Simontoli decides that the
property, If ordered sold ut auction.
must be sold at public auction, ana that
a sale to the American Tobacco Com
pany will not be at all considered.
Papers that figured in the hearing OF
the case before Judge Simonton at
Charleston Were received here yester-
day. From these papers the fact Is de-
veloped that the opposition TO the pres
cnt management of the Blackwell
Company is backed up by seven shares
OF stock instead of one. Miss Letita
NJ. Geer, of New York, who owns six
shares, objected to the appointment of
q receiver Her affidavit is given else
where.
The supplemental opinion in the case
received from Judge Simonton is given
herewith
without prejudicing the merits of
this case, it is proper to asy that so
much Of the hill as prays confirmation
OF sale 10 the American Tobacco
Company will not be considered. The
frank admission by comrlairants that
they arc officers and employees of that
company gives an additional reason to
the unWilllngness of the court to depart
from the ordinary rule of a sale ut auc-
tson and to accept q private bid. The
allegation OF this proposed purchase
Is the provoking cause and Justification
of so much OF the answer as relates
10 the purposes. standing and designs
or the American Tobacco Company.
These allegations furnish a reason why
the sale be not made To that company.
1nasmuch, then. as 40 such proposition
Will be considered by the court; and
the sale-if, indeed the sale be ordered
will be at public auction, under the
provisions OF the act of Congress, the
standing master need not take and re-
port any testimony respecting the char
ucter, purpose and designs of the Amer
lean Tobacco Company
NOTED EDUCATOR DEAD.
Prof l.. Johnson, for some years pro-
fessor II mathematics of Trinity Col
lese nd for many years associated
with Dr il. Craven in building up
Trim, died at his school In Randolph
county. The State has lost n good man.
lie was buried at Trinity College TO-
day.
COLORED PREACHER ARRESTED.
Rev. j. ID. Chavis, president of Ben
nett College nj Greensboro. was ar
rested yesterday on a warrant sworn
out by X. W. Mckenzie and Il. d.
Ware. charging him with embeZle-
ment. I learn that Chavis, Mckenzie
and Ware are trustees OF the colorod
cemetery and that Chavis was treas
uror Ware and Mckenzie contended
that they had attempted on several oc-
casions to get Chavis to attend a meet
Ing in order for him to render an ac-
count, but he refused or neglected to
do so. So yesterday morning when
Chavis started on trip to Chicago he
was arrested. The sum Chavis is
charged with misappfopriating is $40.
Chavis mas borne Il good reputation
heretofore.
BIG FISH SHIPMENTS.
For the past ten days; the fresh -GS;tta
by express received here have exceeded
any former receipts. Saturday express
agent j. r. Vaughan delivered three
thousand seven hundred hounds to Dur
ham dealers The day before he trans
terrcd eleven thousand pounds from The
Seaboard To the Southern road
MYMENIaAL ANNOUNCEMENT
Announcement has been made that
one of DurlAms most prominent and
prosperous citizens will marry In Raj
eiSh tomorrow. The parties are Mr.. l..
A. Carr and Miss Jessie r. Carroll.
daughter OF former United States Mar
shall Q. j. Carroll. The groom is prom
inentiy connected with several indus
tial enterprises. He is president of the
Interstate Telephone and Telegraph
Company, managing director of the
Durham fertilizer COMPANY director of
the Durham and Northern ra;lroad n
large owner in the Atlantic Hotel at
Morchead City and is engaged in nu-
mcrous other business enterprises. It
IS understood here that the couple win
make an extended tour and that they
will not be at home in Durham for
CIR inn