The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-08-09

desired to lease-under a restraining
order issued as long age as May n d
The News and Observers editor.
when he wrote the above had evident
IL forgotten what he had written for
his paper the day the first order was
issued. In his account of the r
ceedings of the court, which appear
ed in the issue of that paper of May
18th. was the following:
In the meantime Mr.. Thomas D..
Meares. of Wilmington, IS appointed
receiver. to lake charge at once, and
the restraining order is continued.
This, the judge said, will not prevent
the stockholders from meeting and
determining the question of accepting
a lease proposition. Oh course, he
said, the court could not lease the
road n,It il the stockholders should
decide to ie-se it they could submit
the proposition 10 the court. and if
the approves it, re receivership
will be vacated. This was stated by
the court because yesterday morietng
Mrs. f. P. Tucker n Mr.. Dempsey
Wood, private stockholders, represent
ed by Judge r, B.. Womack, Joined in
the suit with the defendant railroad
for the purpose OF praying a conti1u-
af1ce Of this hearing. in order that the
stockholders might meet and vote to
lease the road. Judge Womack will
now Use every endeayor to bring about
a stockholdeTkS meeting as o as
possible.
Let's change the Latin term "nunc
pro tune" to "nunc Ell tune" tnow and
them for the purpose of comparing
the positions on this question taken
hv Tho Nourc and nbs~o,-,1- A.,
18th and August End.
The former article bears out the
contention Of The Messenger in yes
terday's issue that the stockholders
all along had the right to contract for
4 lease Of h road, subject to the ap-
proval of the court. MI. T. B. wo-
mack. attorney in The case on behalf
of some of the stockholders. evidently
was Of the anne opinion, as at the time
Of the issue of the order, on May 2Sth.
he declared. according to The News
n Observer of the next day, tina
he would use every endeavor to bring
about a stockholders meeting as soon
as possible.
1t must be remembered that it is
impossible to secure a meeting repre-
scented by a majority Of the stock
without the consent of The governor
and the state proxy, who is his APP
pointee.
Judge Purnell at the time of h
issue Of The first order said positively
that his order would not stand in the
way of the stockholders contracting
for a lease. and the governor declared
that he woul max no lease subject
to approval Of the federol court. That
was the status of the case from May
s2Sth to July 9th. and 1t so remains.
except that The governor now says he
will proceed to effect a lease, the case
still pending in the federal court.
That level-headed editor of the Ra-
leigh Times. in the issue of August
End. makes the following sensible re-
marks on the situation:
There hats never, SO fan as We fhave
believed, been any reason why Cover
nor Aycock should not have proceeded
to negotiate a lea-e of the Atlantic and
North Carolina road. Practically
everybody is agreed that this was the
thing to do, and We have never sup
posed uhat any position taken by q
court would be held to defeat this final
disposition of the property. The fact
that the court nay have reserved the
right to pass upon the terms of the
lease would not appear to be irregu-
lar, maSmuch as the matter was in
court, and certainly it could not be
construed into any reflection upon the
governor in his duty to execute h
contract. It's not the %quibbling over
minor matters of detail tina the peo-
pie would like to see. but it's the put
ting of this property on such relation
to the state and the stockholders as to
a interest on the Investment, that is
what they want to see.
The same paper of the next day
makes this additional comment on the
situation: - y.
The paramount issue in the matter
of the Atlantis and North Carolina
road is not the r~econciling of "nunc''
and tune" That is a simple perform
ance to the galleries. What serious,
business-Hke people want is. 10 see
this road change hands. hotel and all,
and no mount of 'hollering wolf
will take the minds of the people off
of this particular feature of the busi-
ness. If Governor Aycock and the
stockholders would put Judge Purnell
and his Jul in a bad light-one the
people would not overlook-let them
tender~a lease, such a ne as they will
shy is a profitable, safe contract to
the state and the stockholders, -
then let the court defeo+
execution. pop'
.na LUST every paper in the state,
LIN -.Inety-nine out of every hundred
I, taxpayers would take the side of
the governor and the stockholders,
and would condemn any authority
that would get in its way. That. too,
woul afford a, good test of Just what
the people want in this matter. It's
a ease the people want and not a play
on "tunc" and "nunc."
The Lumberton Robesonian, in speak