The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-08-02
Nuuc Pro Tune, a Sly
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Continued from Page One.)


bindsight that has clarified to some
extent the judicial eye CT the court-a
hindsight that was the result of a
series of events, beginning with the
prosecution of McBee and Finch for
conspiracy. the writ of supersedeas
from Chief Justice Fuller and the writ
of habeas corpus granted by Judge
Pritchard in the Daniels case-the
nunc pro tune of that bombastlc ana
offensive utterance lies today in these
few and timid words, dressed in the
rags of authority, but exposed to the
world to view in all their pitiful
nakedness of defeat:
"In the event lease is executed
- The court will c0hsluef
it upon n motion TO dismiss the Dill.
How, pray, can the court, granting
authority to execute lease, CONSIDER
it upon a notion to dismiss the bill,
unless-in the slang of the day-lt
means to look it in the face ana,
thankfully, get under the house,
The order which is marked filed
July q, 1904" has lain in a drawer of
the office of the United States Clerk,
free from the eyes of the news
paper fraternity until yesterday when
on my request, Mr.. Tonnoffski handed
it to me with the remark that there
was a little order permitting Mrs.
Tucker to come in as a party
And so it is marked on the back:
"Order allowing Florence Z. Tucker to
be made party.
Although the packer of the paper
could scarcely get a position as a.
writer of newspaper headlines he has
certainly probed the hume pro tune of
the thing to the bottom.
For except the fact told in those few
little words. il would require man
with a Chinese brain and the wit Of
the tabled philadelphia lawyer to
discover anything else that is
'Nunc pro tune.
The order in full is as follows:
Circuit Court of the United States,
Eastern District of North Carolina.
In Equity John p Cuyler and K. S.
Finch, Compartments,
vs.
THE Atlantic & North Carolina Rail-
road Company, Defendant
This cause. coming on to be heard
before the court upon the motion of
Thomas b. Womack, solicitor for Flor
ence p. Tucker, that the court do pass
an order, nunc pro tune as of May rs,
1904, the said order having been sign
ed at the time in open court and mis-
placed, making the said Florence p
cause, and explaining the meaning of
the restraining order hereinbefore
granted, and it appearing to the sat
isfaction of the court that the said
orders We're duly made and are not
now in the files, now upon the hear
ing of the said motion.
'It is considered, ordered and de-
creed by the court that the application
Of Florence p. Tucker to be made q
10 q
she is hereby made a party defendant
nunc pro tune, with leave to file her
petition herein.
''The court said orally at the time.
and makes it part of this order nunc
pro tune, that nothing containd in the
restraining order hereinbefore granted
on May End, 1904, shall be construed
to have the effect of preventing the
stockholders of the defendant the At
antic q North Carolina Railroad, from
holding a meeting in accordance with
the bylaws of the said company, and
passing upon and authorizing a lease
CT the Atlantic & North Carolina Rail-
road, and of the directors of the said
company from executing the lease, if
SO authorized by the said stockhold
ers.
I'm the event a lease is executed by
the stockholders and directors of the
Atlantic & North Carolina Railroad,
and the same is presented to this court
the court will consider it upon a mo-
ton to dismiss the bill, vacate the in
junction, which is continued and dis
charge the receivers
Let this order be entered as of date
of May %, 1904, the date at which the
same was actually passed.
(Signed) "THOS. r. PURNELL,
District Judge, sitting as Circuit
Judge"