The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-09-23
Especial to The Messenger.)

Raleigh, N c.. September 2O.-The
argument Of counsel before Judge Pur-
nell in the Federal court in the CuyIer-
Finch suit again the Atlantic n North
Carolina railroad. on motion of Mrs.
Tucker for dismissal, was in progress
all day. The speakers were Judge T. B..
Womack, James H. Pou, T. J. Jarvis,
suit and T. M. Argo. F. 1. Osborne, w.
w. Fleming for the cOmplainants, Guy
Ter and Finch. The contentious of
counsel for Cuyler and Finch in oppos-
ing the dismissal are that Judge Pur-
nell has no authority to stop the suit,
the case going to the Court of Appeals
but if the court holds that the appeal
can he Withdrawn, then the complain
ants are. entitled to recover compen>
sation as creditors, the litigation hav-
ing brought about a lease of the road;
that under the law ten per cent. IS al
lowed on small amounts and five per
cent. on large amounts, and this case
being a large amount, in the enhances
ment OF value etc.. compliments should
- NV x SOAA. OI liz 1IIC1
value Of $50 per share on 1,SOO shares OF
stock, this amounting to $27, 600. They
commended also for a redress for ultra
wires acts.
Counsel for the railroad and the state
rendered an agreement to withdraw the
appeal to the circuit court, pay the costs
and end the matter. Complainants de-
lined. They insisted that it be made
known who is behind the Rowland
lease. They said it was believed thai
1t was the Southern and if so, it will be
perfectly satisfactory, but they want
assurance. Counsel for petitioners con-
tended that every ground of complaint
on which the suit was based was swept
away by the lease, SO nothing is now
before the court.
Mr.. Osborne said that Cuyler had
behind him certain parties who would
at the proper time submit a bid in the
Court of Appeals better than that or
which Rowland leased.
Judge Purnell disposed of the case IN
an oral opinion. the gist being that the
only thing that ould be appealed from,
under the act of 1901. was the order ap-
pointing a receiver. AS to all other
matters the case is still pending in this
court; that an order affecting this mat
ter must depend on the withdrawal OF
appeal: that the defendants rendered a
"DrCDOSlJlOn wing the dppSdl
which the compliments refused TO sign;
without this agreement the appeal could
not be withdrawn; the court has no
right to make a lease and the PROPOSE
ton of the complainants to investigate
the lease made would be of exceedingly
doubtful authority. The owners of the
property had affected a lease as author
lied by the charter and not prohibited
by injunction as construed by the court
orally at the time the INDUCTION was
issued; that the lease seemed to be
satisfactory to all concerned and was
even endorsed by compliments counsei
therefore the court declined to appoint
a commissioner to investigate the stand.
ing of the lease or other matters con-
nected with the lease
The court then proceeded to order
that the receivers be relieved and dis
charged, as far as this court had au'
thority to discharge them, pending ap'
peal, this order to be effective wner
appeal to the Circuit Court Of Appeal:
is withdrawn. The injunction order wa:
construed in accordance with the nun'
pro tunc tense order and the oral con
struction at the time h order was
entered and court ordered the defen
dant to paw all the costs accrued. A
to allowances, the court refused e
exercise discretion to make any at I'M
time, but reserved the question untl
the litigation shall be terminated.