The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-18
Especial to The Ne. senger.)

Special to Tho Nc.
Raleigh, N. c., March 14.-Matters
regarding the AIlanL C g. North Car
DINA Railway took a surprising turn
at $50 o'clock this afternoon. when
upon the affidavit Of Attorney GeneraI
Gilmer. Chief Justice Walter Clark
issued a bench warrant for X. S.
Finch. formerly Of Cha1Iotte, now of
New York, and Y. t.. McBee. on the
charge of conspiracy. Here Is the
affidavit as made and signed:
State of North Carolina. Wake
county; State rs. *. S. Finch and ". 2
AcBee. Robert ID. Gilmer. Attorney
General for the State of North Caro-
lima, for and in behalf " the people
of the said State. being duly sworn,
depOses and SAYS:
That he is advised tina heretofore.
70 wit. on the 9th day Of December
in the year of u Lord one thousand
eight hundred and ffty-t.o. the Gen.
era Assembly of the State Of North
Carolina passed an act. ratified on the
said day. entitled An Act TO Incor-
porate the Atlantic & North Carolina
Railroad Company and TT North Car
DINA & Western Railroad Company"
and that thereafter. to wit, on the
18th day OF FeDru .ry, in the yea of
our Lore n thousand eight hundred
and ffty-five, the General Assembly
of North Carolina passed an act. rati
fed on the said day. amending the
said act Incorporating the Atlantic
and North Cacoiina Railroad Com
pany authorizing and empowering the
board OF internal improvement to ap-
point eight of the Twelve directors OF
the said corporation. 10 manage, su-
p~erintend and conlrol the interest
and property Of the State of North
Carolina in the said corporation, and
that as this affiant Is Informed and
believes, at the lime hereinafter stated
eight directors thus designated were
members Of the Board of Directors of
the said Atlantic and North Carolina
Railroad Company, ard In conJunc-
ton with four directors appointed
by the private stockholders. s%uperin-
tend the affairs Of the said company.
and that the State of North Carolina
is the owner Of 12.e66 shares of CAPT.
tai stock of the said corporation, n
the stockholders, other than the state
Of North Carolina, are the wners of
1884 shares of the capital stock
thereof: and hat or tie 23d day or
February. 1904, and Gil divers days
Immediately preceding said date, the
said X. S. Finch and v. E. McBee.
we'll knowing that the safe Of North
Carolina owned the said shares Of
stock in the said Atlantic n North
Carolina Railroad Company, and that
the people of the State o. North Car
olina were largely interested in the
said and that the said rail-
road property was then in the pos
session and under the control and
management of its president and
hoard of directors duly and legally
constituted >unC ar the laws of the
State of North Carolina and the by
laws of the said corporation, did
within the jurfsiiatfon OF this court,
H. ooli1inrGI fplnnannSlv
and unlawfully conSplre, COMBINE,
mite. confederate and agree among
themselves by wrongful, unlawful and
indirect means and Divers acts, de-
vices and practi ."s, to 'niure. damage
and 1mpoverish the property OF the
said North Carolina Railroad Conn
many and to i1jur1, eClbarraSs and
obstrr,rt the president and board OF
directors as officers Of the said COM
Donv created md appointed under
nnd nv virtue OF the laws OF the state
OF North Carolina and the bylaws OF
the ir the regular opera
tion and conduit or the business OF
the said railroad company, to the
great damage of n state OF Nortn
Caroyfna. her officers, The president
.15 directors OF the said corporation
TO the evil example of all others N
Iike manner offandinS. ND aPalnst tne
neace. government and dignlty OF tne
State of North Caro,ine-
signed ROSERT 7.
Attorney General
The warrant calls for the ap2ear'
snce of McBee ana Finch tomorrow
There are also subIoenas for sew
eral witnesses, among :fese oelnS TN
managers Of telegraph mpanie AZ
aorneys John Hinsdale. r. III. busDs'
and w. H. Day, Cd. Chambers Smi1'