The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-26
OTHERS SURPRISED1
K. S. Finch, Of New York, Recently
Came Into Possession of a Few
Shares, and Now Complains Tha
the Road is Badly Managed---How
Capt. McBee and Col. Hinsda!e
Went to Norfolk, Saw Judge PurneII,
and Brought Back the Order Yes
terday Morning.

The Atlantic and North Carolina Rail
road has been taken up bodily and thrust
into the Federal Court by certain Mr..
K. S. Finch, of New York City, who re,
Gently bought little stock for the pur-
pose of getting a job for his friend Nc
Bee.
has now pending with the Governor d
proposition to lease the Atlantic and
North Carolina Railroad, went to Nor
folk as attorney with Col. John w. Hins-
dale, of this city, taking with them Mr..
Finch. of New York's complaint about
the bad mana cement of the road and re-
quest for the appointment of a receiver.
All this they submitted to Judge Thos.
r. Purnell, of the United States Circuit
Court here, who is at present in Nor
folk.
Capt. McBee was thereupon appointed
by Judge Purnell temporary receiver OF
the road until April 4th, at which time the
matter will be heard on the question OF
continuing the restraining order and re-
ceivership until the judge decide TO con-
tinue this hearing until later time. This
order was brought to Raleigh yesterday
morning land together with the bill OF
complaint of Mr.. Finch-of-New- Y York, was
filed in the office of the Clerk of the
Federal Court here.
The appointment of Capt. McBee as re-
ceiver of the Atlante and North Caro-
lima Railroad came as a. great surprise to
ar1 Of
terday. OF course the State officials had
known nothing whatever of what was In
the air. That was not to be wondered at
Inquiry among the private stockholders
OF the road who live in Raleigh has failed
utterly to discoN er. a single one Of 'all
the other stockholders" spoken of by Mr..
ch-of-Nea-Yo And no information
along this line could be elected from the
attorneys who are acting for Mr.. Finch
of-New-YorlI. The largest stockholders,
thoes who have bona fide investments in
the road, knew nothing of the applica
ton II was as much surprised as you
were said one OF the largest stockhold-
ers last night ''I do not own much
stock in the road and l was rather IN
clined to favor the lease to McBee, but
now 1 would oppose letting that crowd get
hold Of the road under any circumstances.
A crowd that would throw the road into
the hands of a receiver without hearing
would wreck the road for their own ben
efi."
The final steps in preparing the COM
plant were taken in the office of Capt.
W. H. Day in Raleigh on Tuesday night,
the midnight hour suitable time for the
deed,) coming on while the document was
having the finishing touches put on it,
ready to rush to Norfolk to be passed on
by Judge Purnell
1t was long after the office hours of the
Clerk of the Federal Court that his SER
vices were needed, and a message to the
Deputy Clerk, Mr.. George L. Tonnoffski
asked him to come prepared to do some
business in getting the complaint in the
proper shape for the Federal Court.
About half-past nine o'clock Mr. Tonoff-
ski reached the office where the attorneys
in the case We're busy at work on the
long complaints 1t was about o'clock
when all was completed, and then Col.
John W. Hinsdale took charge of copy
of the document, and with it in his pos
session, left on the train due here at 1 20
bound for Norfolk, where Judge Purnell
was sojourning. In Norfolk on Wednes-
dav the matter was disposed Of, and the
order of the court was made.
The prospective Receiver, Mr.. ". e.
McBee, was on hand in Norfolk, and be-
fore the day was over he had been ap-
pointed to TIE position named in the or
Ter. During the day he dined with Judge
Purnell in Norfolk. and yesterday return
ed to Raleigh on the train which brought
the order which made him the Receiver,
bv virtue of a Federal decree.
The following is the order of Judge
Purnell:
Ir the Circuit Court of the United States,
for the Eastern District of North Caro-
lima.
Sitting in EQUITY at Raleigh.
X. S. Finch in behalf of himself and of
all the other stockholders of the At
lantic and North Carolina Railroad
Company Complainant, VS.. The Allan
tic and North Carolina Railroad Com
pany. Defendant. Order appointing