The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-22
6he Messenser.
REVOCATION OF THE RECEIVER
SHIP.

light for the receivership Of the At
antic and North Carolina railroad.
The evidence before Justice Clark
knocked their case sky-high. Mr..
Finch began his proceedings too soon
Had he waited until he had acquired
the stock before taking steps as a
stakeholder to place the road in the
hands Of a receiver the result would
have been different
No blame can be attached to Judge
PurneTs action in granting the order,
or in resembling it when he was a
aware of the state of facts as brought
out by the state in the trial OF Mr..
McBee. AS the lawyers on both sides
concede it, under the showing the
state has made, it is to be supposed
that the Judge was perfectly correct in
dismissing the ease il which he APP
pointed a receiver
The whole truth of the matter is
that there was an effort on the part
of some person or persons to force a
change in the control OF the road. Mr..
Finch was the agent OF the real par
ties in interest, and was assisted by
Mr.. McBee. Messrs Finch and McBee
kept from the court all Information
regarding their manner of securing
the stock upon which the former
based his application This was not
treating Judge Purnell with the fair
ness and openness to which he was
entitled. They concealed an important
fact. Therefore the judge was per-
fectIy right in setting aside h re-
ceivershIp-
This is the gravamen of the offense
of Messrs. Finch and McBee. II is a
pity that this fatal defect should have
existed in their case and that the
matter should have gon off on the
evidence on that one point. We wish
Judges Purnen and Simonton had been
given the opportunity to go fully into
the question on it's merits of h ne
cessity for placing this railroad prop
erty in the lands of a receiver. We
want to see n full and ~non-partisan
investigation into the condition OF this
road and the system on which it is
managed. Could his be done We have
no doubt such state of affairs would
be shown that there would be no hest
tation on the part Of any judge to
place it in the hands of a receiver.
But such investigation we will never
get. The course which the state pur-
sued in the indictment OF Mr.. McBee
for the purpose of getting before the
federal court just enough evidence to
insure a revocation of receivership
order shows this. This precluded the
going into any details as to the con-
dition of the road, as would have been
lone by the judges had not the evil
dence in the McBee indictment been
brought out. With that evidence be-
fore the court no further proceedings
were necessary. The matter ended
there and the state administration was
saved from an exposure of the bust
ness OF the company and the condition
of the property. That was shrewd-
the indictment of Mr.. McBee and the
r~ailroading through of his case be-
fore the hearing of the motion to re-
scind the r~eceivership order. We have
no idea any such indictment would
ever have been Instituted had it not
been thought necessary to do so in
order TO secure evidence which woul
cause resembling of the order OF re-
ownership without going into the
merits of the case.
We are sorry the case has gone off
without an investigation of the cor
dition. financially and physically, of
the road. The private stockholders
may not want such investigation and
the state administration certainly does
not want it. but those most in inter-
est. the people. are entitled to it. They
are keeping VI n railroad and sum-
mer resort without any just return for
the investment, and will cotinue to
do so long as the road remains under
state control and is used as = part of
the political machine of the state adj
min~istration 1t should be put in the
hands of men who will run it for bus
mess and on business principles. But
this will not be done so long as the
people sit idly by and do not demand
that the present order of things shall
be changed.
We hope the prominence that has
been given to this matter by the Finch
suit will so awaken the people to
their interests and rights that the ov-
ernor will be forced by public senti-
ment to take proper action. If it does
h receivership contest will result in
good to the state.
AROUT THAT COAT