The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-21
A. 4 n. C.. LEASE
HOLDS ON TIGHT
Merely After Big Fees is the Upshot Of the
Continued Contesr of CuyIer's
Attorneys.
nen after the money dissented vigor-

men after the money dissented vigor-
ously.
Though the argument was at all
times vigorous there was only one t1ma
when il approached the dramatic. III
the course of remarks Mr.. w. w.
Fleming and Col. 7. M. Argo expressed
covert and open doubt about Mr. Il. ;.
Howland, hunting out loud that he waa
under cover for the Southern Rail-
way and that his Improvement Com,
pany was a blind. OF this Vigorou1
response was made by Messrs. G. M.
Busbee and James II. Pou, followed.
later by Ex-Governor Jarvis, all os
whom spoke vigorously in behalf of
Mr.. Howland and the solidity of the
lease made with him. There was plain
resentment shown at the remarks of
those who attacked Mr.. Howland.
The proceedings began shortly after
ten o'clock, the court waiting the ar
rival of Judge f. /. Osborne and Capt,
K. S. Finch who arrived at 10:25.
There were present Judge Womack,
representing the interests of Mrs,
Florence p. Tucker. at whose instance
the motion to dismiss was made, eX.
Governor. Jarvis, of Greenville,
Messrs. James FL. Pou and t. S. Full
Ter ana Mr.. G.. M. Busbee. representing
the A. & n. G.. Railroad, present in re-
sponse to the order made in the peti-
tion of Mrs. Tucker, eX-Judge Frank
l. Osborne, of Charlotte; Col. t. M.
Argo Mr.. Elmer M. Shaffer and Mr..
W. W. Flemming. of New York, who
represented the Finch and Cuyler APP
plications for receiverships. The case
was presided over by Judge T. r. Pur-
nell, an some eight or ten visitors
were present, Capt T. S. Finch being
in the room while Capt. V. E. McBee,
though in Raleigh, kept away from
the trial.
The court being regularly opened
Judge T. 3. Womack made the motion
to dismiss the receivership on behaN
of Mrs. Tucker. the petition for this
setting forth that the road had. been
leased under the nunc pro tune order,
that this was safeguarded by deposit
of over 100000, that the stock OF
John z. CuyIer had been voted foN
the lease, that only 81 votes had been
cast against, and that as there no lon
ger existed cause for continuing tho
receivership that it be vacated. Having
read this, and the nunc pro tune or
der under which the last was made
Judge Womack briefly reviewed tho
case, and was succeeded by Mr.. c.. NJ
Busbee who read the answer of the
A. & N. G. Railroad in response to the
served on behalf of Mrs.
Florence P. Tucker, this being notice
to show cause why the action should
not be dismissed.
In this it was shown that acting unA
der its charter the road had been
leased, to the Howland Improvement
Company for 81 years four months
that the terms of the lease had been
complied with and that the Howland
Improvement Company was in posses
sion of the road operating it under
the lease, and that the lease was made
after the nunc pro tune order of July
27 with the belief and understanding.
that after that order was issued there
was no order of the court which stood
to prevent the holding of such 81
meeting or the making of such :,
lease, which was approved by the vast
majority of the stockholders and tha
State, the greatest stockholder and
that complainants had made no obiec-
ton to the lease. The allegation stated
that there was no opposition to tho
vacation o fthe receivership or to tl,9
ending of the litigation an that the A.
d n. c. company was willing to with
draw it's appeal now before the Circuit
Court of Appeals upon the order dis
missing the bills as prayed for by
Mrs. Tucker, and that if it be neces-
sary to first withdraw this appeal that
the defendant was willing to have this
considered as a withdrawal of its ap-
peal, reSerVing to Itself all rights and