The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-05-29
RECEIVER
APPOINTED.
GBy Judge Purnell for the At
ianlic and North Carolina
Railroad.
THE CASE WAS APPEALED
Judge Gave Permission TO Call
Meeting Stockholders 10 Con-
slider Lease Propositions.

{sptcit to The Tines Dspa,ch)
RALEIGH. n. c., May 2&-'rhomas o
Mcatcs OF Wilmington, is appointed re-
cevet for the Atlantic ana North caro-.
linn Railroad. to take charge as soon as
he files bond In the sum Of $4,000. BY
the same order S &. Ryan, of Raleigh,
IS appointed a special master to take
evidence and report to the court not later
than July 18th
This order vas made by Judge Purnell
tn evening after devoting the day to
hearing the complaint ana petition
or John Cuyler, OF New Jersey. tor
the appointment OF receiver and an
elaborate answer and numerous aihcaVl+s
on the part OF the company and the
state (Which owns two-thirds of the
stock in the road opposing and receiver
ship
The Defendants appeal to the Circuit
Court OF Appeals. Richmond
SAWED THEM OFF.
A notable feature of the hearing vas
the n corruption by the judge Of further
proceed ngs when the comp amt and an
swer anu replication were in, with the
statement that II was Gear from admls-
sions nude In the answer by defendant
tha, there has been mismap ngement. mis-
4 appropriation Of funds and acts ultra
v.res 10 amply Justify the appointment
OF receiver and he would hear counsel
on this point
States counsel asked for time. and
after two hours recess returned with
proposiiion 10 give bond ample TO Sc
cure cunplai hunts against all loss that
they have or may suffer, BY any condi-
lions OF misrnnnagement OF which they
complain and against depreciation OF the
vnlue OF stock held by compunants on
condition that no receivers be appolnt-
ed
l'his lacked authorization by stock
no ders or directors and was branded
.utrn vres" by complnnnnt's counsel
A lurge number Of nfidavls were Of
Tered by the complainant to show alb
scnce OF necessity for a receiver, notably
nv bondhoders and cred tors Of the COM
pany
EXTENSIVE EVIDENCE.
Complainant introduced III. a. Page,
who was n member of the invest ga
lion Committee appointed by the govern
ment. and under order from the court
which was vigorously resisted by the de-
PENDANTS He pro5uced in court the steno-
rrnnhic report of the examinat on OF wit
nesses volume of five hundred pages.
and tbs was tiled as evidence Tor COM
claimants II was at this stage OF the
( 3prt jcceding that the judge ANNOUNCES mat
he snw an almost interminabe amount
ot work In the tear ne Of the case ana
courts; here all next week and in VIII
& rniretnn next week. made 1t necessary
to continue The case, and the order was
made appointing the receiver
The tu 'ge gave permission for the call
ing Of II meeting OF the stockholders to
corsider my lease propositions which
could be accepted subject to the approval
Ii,r IL f.
The first receivership made some
months ago with v E, McBee rs re-
ccirer. was vacated by Judge Simonton.
Thomas .. Meares was formerly the
agsnt of the Seahoard Ar Line at VIII
m!ngton.
The henr.ay OF the case Is set before
Cotonel S C Ryan, of this city. rs spe-
cal master to take evidence which is
10 he completed by The LIST Of July. wheu
action Is to he taken as to permanent
receiver
Judge Purncl II his order announces
that II the State In the meantime has
an offer to lease the rond which Is con-
derei safe one he will vacate the
recelvershin II he approves the lease
as safe one.