The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-03
THE DANIELS CONTEMPT CASE.

80 AooAAN
of the proceedings in the federal
court in Raleigh against Mr.. jose
phus Daniels for contempt of court,
in the publication of a certain edi-
torial in Sundays News and Observer.
For the Information of our readers,
who nay desire to know upon what
grounds the proceedings for contempt
are based. we give below the edi-
torial. We publish this, intending in
no way to reflect upon Judge Purnell,
or for h purpose Of giving publicity
to the reflections on him, but only
that u readers may have a clear
understanding Of the case:
The fourth act of the A. & N. c.
r. r. receivership play took place in
the federal court building in Raleigh
yesterday afternoon, when Judge Pur-
nell appointed 7. D. Meares as re-
ceiver.
The first act took place in Norfolk
when Judge Purnell appointed v. E.
McBee receiver upon the application
of Finch, who did not own a 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 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 thai the judge had
determined to appoint a receiver, n
after permitting the lawyers to talk
a little he made the appointment
Mr.. Meares, who was named as re-
ceiver, is the man who was to assist
McBee, who was first appointed re-
ceiver. Finch, who is now said to
own his stock, was made a party.
So we see that yesterdays appoint
ment was but the finishing up or
what was begun in Norfolk, for Nc
Bee and Meares are so close togeth-
err that if one should be called
Tweedledee the other would appropri-
ately be called Tweedledum.
1t is to be hoped that those news
paperS-only a handful in mber
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. & 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 manag
it we'll or otherwise, they are respon-
sible 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 receivership of large
property in his state that has not
resulted diSaStrously. Can we expect
any other result in this instance?
AS evidence that Cuyler did not
bring his suit to protect his $1,000 of
stock (f indeed he has any stock at
alb the state offered to put up a bond
in any sum to guarantee him against
loss. In the state courts a receiver
will not be appointed for property, if
the owners in charge give bond to
ave a minority stockholder or cred
itor from any possible loss, by reason
of continuing in charge. The federal
court ought to in matters relating to
receiverships in this follow the rules
of state courts.
~ w " LII houA lAdS
ever complained to the board Of inter-
ma improvements of any wrongful
action. Cuyler has voted for every
act criticised. Does he own and a
he control the stool upon which this
suit is p~redicated7 Nobody believes
this suit was brought for n correc-
ton of any evils, but for an Interior
purpose not now disclosed.
Judge Purnell graciously stated
that a meeting of n stockholders
to agree upon a lease would not be
considered an act of contempt of his
court, provided the lease they might
agree pon were submitted to him
The day Will eve come when his
permission will be asked by state OFF,
cfals as to how they shall perform
the duty imposed upon them by the
legislature. There is not a decent
citizen of North Carolina who would
ever forgive the governor OF this
commonwealth If he humiliate it by
submitting a lease to n federal
court. Some things are higher than
leases and rentals and dollars. One
il whether the property of h peo-
ple Shall be gOyerned by servants of