Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1904-03-24
THE PASSING OF MCBEE, RE
CEIVER OF THE A. &
N. c.. r. R.
BY Order of the United States Judges
He Is Deposed and the Road
Returned To Its Right
full Administration.
Raleigh Post.

Without a word OF discussion or
debate Judge Charles II. Simonton
and Judge Thos. r. Purnell of the
United States circuit court signed the
order yesterday vacating the receiver
ship of the Atlantic & North Carolina
Railroad.
With the signing of the order the
~receivership ceased, Capt. Y. E. Nc
Bee stepped out, and President Jas.
A. Bryan and the board Of directors
resumed the control of the road
which passed from their hands Feb
ruary oath.
United States Marshal III. G. Dock
cry heralded the arrival of the judges
to the two hundred spectators in the
federal court room and the audience
rose as Judges Simonton and Pur-
nell, wearing their judicial robes, en-
tered the room and assumed their
seats on the bench.
After announcing the disposition
of two other matters Judge Purnell
stated:
"In the case of Finch VS.. the A. &
N. G. Railroad Company I have a
decree and order which was rendered
last night by the attorneys in this
case which I declined to sign. Not
that there is any objection to it, but
that I declined to anticipate the ac-
ton in open court. Have counsel
anything further to say??"
Then there was a pause. Nobody
said anything. Nobody rose. The
stiffness became oppressive and it
looked as if g sudden dumbness had
come over all, when at last Mr.. G.
n. Busbee arose and said:
"For the defendant fhe State) I
have nothing to say or no motion to
make except to suggest the signing
of the decree rendered the COURT
Then he resumed his seat.
Judge Simonton was for the first
time heard in the matter, and he took
possession of the decree, reading it as
foffbws:
THE FORMAL ORDER.
tsIn the Circuit Court of the United
States, for the Eastern District of
North Carolina, sitting in equity
in Raleigh.
UK. S. Finch in behalf Of himself
and of all other stockholders Of the
Atlantic and North Carolina Rail
road Company, complainant, VS..
The Atlantic and North Carolina
Railroad Company, defendant.
s'This cause coming or to be heard,
this the 18th day Of March, 1904, and
it appearing to the court that all par
ties have agreed that the orders in
this suit heretofore issued on the oath
and Goth days of February, 1904, and
all other orders herein made, respect
ing the controversy contained there
in may be set aside, it is now, on
motion of counsel for the complain
ant, ordered, adjudged and decreed
that all of said order be vacated and
the bill of complaint filed herein be
dismissed. It is further ordered, adj
Judged and decreed that forthwith,
upon the filing of this order, that Y.
e. McBee, the temporary receiver,
heretofore appointed in this cause,
turn over and deliver to the presi-
dent and other officers of the defend.
ant corporation, all Of the property,
assets and effects, accounts, cash and
chooses in action, and al other prop.
erty and effects of every nature anC
kind as heretofore fully described il
the orders fled in this cause, anC
said railroad, its property and effects
be returned to and Immediately IL
become under the control and super
vision Of said company as fully anC
in all respects as the same existed
prior to the execution Of the order.
aforesaid. It is further ordered, adj
Judged and decreed that said receiver
file an account Of his dealings with
said defendant corporation in thii
court for the examination and ap
prevail of said court, and upon Tx
approval thereof, said Y. E. McBee
receiver, and the sureties on MS re
ceivership bond, be discharged from
all liability on the same, and tina
thereupon the said bond be cancelled
and discharged. Tt is further order