The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
HE BOWED TO
HIS SUPERIOR
Judge PurneII Recognized
Chief Justices Order
-gH7".
AND APPROVED BOND
Expressed Serious Doubts as to Au.
thOrity of Chief Justice Fuller to
Sign Order Out of Circuit
Legal Argument of
Counsel.

| Judge Purnell yesterday morning
| after expressing serious doubts as to
the validity of Chief Justice Fullers
order staying and suspending the or
der appointing the receivers. and like
wise doubling the effects of it, finally
decided to recognize the order out of
Difference to his superior, and approx
ed the bond.
If he had not done so another bond
would have been offered to Chief JUS
tice Fuller in Washington. 1t was
ready there, justified i'll the amount OF
$101, 900 and representing over a mil
lion dollars.
When court convened at half-past
nine o'clock in the morning, Judge
Purnell said:
The court desires information on
two question:: L don't know that this
court has anything to do with the
second. The first is whether the or
der OF the Chief Justice, signed our
side of the circuit is effective, whetii-
er or not it is violation OF rule SO. The
second is whether or not this order OF
the Chief Justice acts as q writ of re-
! StrictiOn. | notice the order says the
property is to remain in the care of
the proper authorities. This court
wishes to do its full duty. 1t is often
wrong, but it desires - do what is
right with all the lights before it. For
| that reason | postponed this hearing
until this morning. l remember a re-
cent decision of the United States Su-
! preme Court to the effect that Il cir
| cult judge has no right to sign an or
| der outside of the circuit. 1t is hard
| ~ necessary to state that this court
has no interest in this litigation, al
| though it is sometimes minated tn -
| it has
Col. Argo first addressed the court
and read from section 719, OF the Re-
vised Statutes of the United states,
that mo Justice of the Supreme Court
shall hear or allow any application for
| an in junction or restraining order iii
! any cause pending in the circuit 10
I which he is allotted, elsewhere Than
| within such circuit, or az such place
| outside of the same as the parties may
| stipulate in writing, except when it
cannot be heard by the circuit Ju !ge
of the circuit or the district Judge Of
the district
| Mr.. BuSbee stated that with all due
! respect to the court counsel for de-
| PENDANT did not care to discuss the
| matters suggested by counsel eon the
other side. The only matter before
| this court was the approval of the
| DOnu OIIeIcu ny IIe IolctIt. cIllIl
from the questions submitted, it APP
peared that the court did accept the
| bond.
Mr. Clark said that Mr.. Busbee s
! proposition was a novel one. If toe
supersedeas should become operative
at all it mus be aided by some other
! writ. If that writ be made effective
/ by this court, when inadvertently
granted by the Chief Justice, it would
| result in one of two things, either re-
fusal to obey and contempt Of court,
or a writ of mandamus by this coIrt
to compel the carrying out of the
writ. Suppose an injunction be lSs ued
| without jurisdiction, and bo1i be re-
quired, and the matter ''e brought To-
the notice of this court, and counsel
by refusal to argue it admit that the
| writ was granted out of jurisdiction
would this court approve the bond
No. 1t appears that it was never
brought to the notice of the Chief
Justice that the property WAS in !he
receivers hands, judging from the
Language of The writ. these gentle
men should not call upon the court
to assist them III validating Lulllty
There is no authority that should con-
troll this court that the rIt OF super
sedeas be given the effect OF writ cf
restriction. 1t sJspends the proceed