The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-29
THE LATEST ACT IN THE A. & n
G.. IL. IL. RECEIVERSHIP.
NATTER.


r. receivership play took place in the
Federal court building in Raleigh yes
terday afternoon, when Judge Purnell
appointed T. d. Meares as receiver
The first act took place in Norfolk
when Judge PurnelI appointed V. E.
McBee receiver upon the application
OF Finch, who did not own share of
stock in the road.
The second act took place in the
Federal court building in Raleigh
when Judge Purnell, finding that his
order in Norfolk, was illegal because
made outside of the jurisdiction of his
court, assembled the bench and made
the order over again.
The third act was pulled off with
the same scenery some weeks later
when, after the conspiracy proceed
ings, the judge being highly indig-
nant," the receivership was vacated,
the story of the McBee-Finch game of
"bunco" having been exposed.
The fourth act in the same play
drew a crowd to the Federal court
building yesterday afternoon. 1t was
at once apparent that the judge had
determined TO appoint a receiver, and
after permitting the lawyers to talk
a little he made the appointment. Mr..
Meares, who was named as receiver, is
the man who was to assist McBee who
was first appointed receiver. Finch,
who is now said to own his stock,
was made a party. So we see that
yesterdays appointment was but the
finishing up of what was begun in
Norfolk. for McBee and Meares are so
close together that if one should be
called Tweedledee the other would
appropriately be called Tweedledum.
1t is to be hoped that those news
papers-only a handful in number
which have been clamoring for Fed
eral Judge government of North Car
DINA affairs are satisfied. They seem
to have lost sight of the fact that the
State of North Carolina owns two
thirds of the stock in the A. q n. c.
r. r., and that under the law the
Board of Internal Improvements, of
which the Governor is chairman, is
charged with the management of the
property. Whether they manage it
we'll or otherwise, they are responsible
TO the people, whose servants they are,
and not to any Federal judge. The
Federal court had no call to intervene
There is not an instance of a receiver
ship of large property in this State
that has not resulted disastrously. Can
we expect any other result in this in
stance?
No stakeholder up to this hour has
ever complained to the Board of Inter-
nal improvements of any wrongful ac-
ton Cuyler has voted for every act
criticized Does he own and can he
control the stock upon which this suit
is predicated? Nobody believes this suit
was brought, for the correction of any
evils, but for an Interior purpose not
now disclosed.
Judge PurneII graciously stated that
a meeting of the stockholders to agree
unon a lease would not be considered
an act of contempt of his court, pro-
vided the lease they might agree upon
were submitted to him. The day Will
never come when his permission Will
be asked by State officials as to now
they shall perform the duty imposed
upon them by the Legislature Inefe
is not a decent citizen of North Caro-
lima who would ever forgive the Gov
ernor of this commonwealth if he hui
INFLATED it by submitting lease TO
any Federal court. Some things arc
higher than leases and rentals and
dollars One is whether the property
of the people shall be governed by ser
wants of their choice or by Federal
Judges in whose selection they have no
voice If their servants commit mis-
takes or wrongs, the people can COR
rect them. If Federal court judges.
appointed by hostile presidents upon
alien recommendations, commit
wrongs there is no immediate remedy.
The Legislature has full power to
make a thorough investigation into all
agreements and understandings which
have been entered into. and if the
Governor should call special session
for that purpose the whole inception
of this affair might be laid bare to the
public gaze. 1t would have the pow
err to examine everybody and Will
probably do so. The full disclosure of
all the motives and Interior purposes
behind this application by Finch and
Cuyler would be interesting and salu-
tary.
OF course the State appeared. The
appointment of receiver was expect
ed and the State was ready last night
with the papers and the bond The
matter will be heard before the Cir
cult court of June 2Sth. If
the owners of three-fourths of piece
of property have rights SUI
perior to that Of one $4,000 stockhold-