The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-29

be the quickest appeal completed on
record.
The attorneys who appeared yester-
day were, for the A. and n. c., Attor-
ney General r. d. Gilmer ex-GOv T.
]. Jarvis of Greenville; Mr.. M. c.
Munroe, of Goldsboro; Messrs. Bus
bee & Busbee and Pou & Fuller, of
this city; for Cuyler & Finch, Capt
w. H. Day, of this city; Mr.. W. w
tleming of New York; Mr.. w. w.
Clark, of New Bern Mr.. w. C. Max
we'll, of Charlotte; Messrs. Argo &
Shaffer, of this city.
Yesterdays Proceedings.
First of all, when the United States
District Court convened, Judge Wo-
mack presented petitions from Mr. +.
p Tucker and Mr.. Dempsey Wood
asking to be allowed to join the de-
PENDANT in the suit. This was granted
General Gimcr read the answer OF
the A. & n. c. road to Cuyler's bill of
complaint.
After that was read Judge Wo-
mack read an affidavit from Dempsey
Wood representing his own stock and
that of Mrs. Florence p. Tucker stat
ing that they desired the road to be
leased, and that a large majority of
the private stockholders were anxious
tor a lease, also a petition from Mrs.
Tucker praying for continuance of
this case and a modification of the re,
straining order, so that the private
stockholders may meet and agree upon
terms for a lease.
Judge Womack then addressed
the court, saying that his clients, rep
resenting the private stockholders, be-
lieved that the only true solution to
TINS whole matter was the advantage
Gus lease of tho road.
He then took up the bill of COM
plant, and first showed that the ROAD
was not insolvent. The remainder OF
the allegations in the bill of complaint
We're not such as would call for a re-
ownership. The greater part of the
bill is taken up with the statement
over and over that the lease of the
road was being prevented, and that
the Governor had refused and declined
to allow the States proxy to attend
the meeting of the stockholders. Now
the answer of the defendant denies
that the State is trying to prevent a
lease.
The only ground upon which a re-
ceiver could be appointed would be
tC preserve and take care of the prop
erty of the company.
Judge Purnell said that the court
could not grant lease. 1t had moth
ing to do with that part of the case.
That was not the question, said
Judge Womack but q chancellor in
case of this kind did what he could to
expedite matters and bring about the
most satisfactory settlement. The
continuance of this cause would effect
that result. Sixty days would be suf
ficient. A meeting could be called and
some action taken on some one of the
pending propositions to lease within
that time.
AS to the ultra wires acts charged in
the bill. such as the purchase of wood,
OIL ETC., these were all eXtraneous
matters. There was no adequate
remedy in this court for those things.
A receiver could not be appointed for
things of that~kind. That was matter
for any stakeholder to complain of to
the directors.
Judge Purnell said as he understood
it counsel admitted acknowledgement,
the ultra wires acts and other things
rot rebutted in the answer. The court
refused to continue, and said that the
only question was whether or not
receiver should be appointed for the
road This court had no knowledge
OF any other question. 1t was not in
evidence that any Immediately avail
able proposition to lease was in eX-
stence.
Mr.. Maxwell then read an afTida-
Wit from X S. Finch, revamping the
old McBee- Finch story, and joining
issue with Cuyler. With this was an
other bill of complaint by Finch sub
stantially the same as the other one.
Same Old Bill.
Mr. Pou called attention to the fact
that either the bill was filed before
the petition, or else there was mis-
take in the date, for the bill was dated
April goth, and the petition some time
in May The date was corrected, and
the papers filed
Mr.. Clark called attention of the
court that the demurrer was not
properly verified, according to the
rules of the court. He read replica
ton to that effect.
General Gilmer said the demurrer
was combined with the answer and all
verified together.
Judge Purnell said the rules of equi-
ty required the separate Verihcatlon
of the demurrer, and he therefore
threw out the demurrer. Counsel for
defendant excepted
Mr.. Pou said they would have to
ask time to file an answer to F1nch
bill of complaint, which they had not
vet had time to examine. The answer
would be to the effect that all of the
acts complained of were before Finch
owned any stock and therefore could
not be complained of by him
Counsel for defendant had num-
Der of affidavits in support of the al
legations in the. answer for instance
the vote of the Cuyler stock.
Mr.. Fleming said they would not
accept affidavits to prove that. Let
them produce the proxy.
Mr.. Pou said that under prelim-
mary motion affidaVitS were permits
Sible.
Judge Purnell said that it appeared
to the court that enough was admitted
in the answer to justify the appoint
ment of a receiver. Enough had been
admitted of mismanagementa and ultra
wires acts in conflict with the charter
of the company. The court then SAID
il would hear argument on that.
On motion of Mr.. Pou, adjournment
was taken until three o'clock.
Afternoon Session.
When court re-convencd after dim
ner Gen. Gilmer submitted affidaVits
in support of the allegation in the an
swers. one by Henry r. Bryan, one
by S. l.. Dill, and a number by private
stockholders and bondholders, to the
effect that the road is insolVent ana