The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-21
A. & n. 6. Lease Holds on
Tight.
Continued from Page Onel

Mr. James Fl. Pou here addressed
the court, saying eff there is any douht
| about the scope of the appeal now in
richmond this can be removed. To-
DAY we learned that an appeal was
| governed by the assignment of errors
ana we are prepared to enter into
! a stipulation to withdraw our appeat
ana 10 pay the costs. We have pre-
pared paper showing this as follows:
Order OF Dismissal.
A. e. n. G. r. r. VS.. John p C,vIer
| Now comes the appellant and tho
lappellee by their solicitors and con
sent that this appeal may be dismissed
at the cost of the appellant and that
| Henry T. Malone. Esq. clerk of this
court may Immediately spread this
agreement upon the records of the said
and mark the appeal dismissed"
| (Signed)
SOLICITORS FOR APPELLANT.
Continuing he said: I'VE will with
draw the appeal under Rule 20 of the
Circuit Court of Appeals which per-
mts the withdrawal when both parted
| sign the agreement. We are ready ia,
/ sign and it seems that now a time has
come to end this litigation, grantinC
that this suit was brought in good
faith to preserve the property of the
road and it's rights, for all the acts
the lease, which the complaint said
was the relief sought, ana that the
| lease being effected all interests were
| protected. Then Mr.. Pou argued thai
the making of the lease had beer
specifically allowed by the nunc pre-
| tune order, and that it was a stronr
| lease. He said the A. 81 n. c. was not
a mover for the dismissal of the lease
but that he doubted if the original or
der would have prevented one, YET
| the nunc pro tune order opened the
door for it. Declaring that the COM
pany was ready to end the litigation
he called upon the plaintiff, now that
there was a lease. to stand to their
position and end it. saying that thea
| had had complained but had asked M
ultra wires and might yet be allowed
to amend as to these ultra wires
climed, such as the wood and oil con-
| tract and the hotel.
Here Mr.. g. NJ. usbee declared that
| the operation of the hotel the past
season was at n profit and, Col. ArgC
said that was not in evidence. Then
Mr.. Pou continued and said that if
the plaintiffs were higgling about
costs that this was but as dust in the
balance, and that if nothing else him
dered they should sign the agreement
Here Col. Argo again argued that
Judge Purnell had no power to dismiss
the receivership, and appealed for a
fair discussion of the case, declaring
that the main relief sought was an
end to the devastation of the proper
ty to get it out of politics, and that
the road cease to be run as a political
football He declined to sign the
agreement to withdraw the case on
| appeal, expecting to be affirmed in the
| Court of Appeals. He declared that he
had not attacked the lease and did not
| believe that the Governor of North
| Carolina would do q doubtful act. He
declared that he wanted to know who
| Rowland was and insinuated that the
Southern Railway was to be the final
| beneficiary, and that if it was he would
be glad of it. What makes the lease
| good,'' he cried out.
To this Mr.. Pou said, "The $105,0 900
behind it as a guarantee" To this Col
Argo declared that any little wild cat
concern could put up this and make
! $500, GOO out of it. Here he talked Of
the ultra irres the hotel the money
spent on it and declared there had
been a breach of trust that the hotel
ought to be sold and the money turned
in for a dividend or to pay the indebt-
edness of the road.
Here it was that Messrs. Pou and
Eusbee defended Mr.. Rowland, and
| Col. Argo kept insisting that Rowland
could. suitcase at q bonus. He de-
clared that the plaintiffs had "gigged"
| the others into action in getting q
lease, and finally wound up by claim
| ing credit for it. Judge Womack asked
if he would stand by it but Col. Argo
would not say so.
| Then Mr.. w. w. Fleming, of New
York, made Il bitter speech, in which
he belabored the press and told how
| much good his Cuyler suit had done
| n
ter this he read his answer to the mo-
| ton for dismissal as follows:
The Cuyler Answer.
Judge PurneIrs Decision.
The appeal in this case could only be
taken from an order appointing a re-
ceiver and the case for other purposes
| remain in this court. The appeal is
| pending here and the court could pro-
coed under the statute to grant any
order ii might see proper. This order
| being appealed from the case is in the
Circuit Court of Appeals and propo-
sition has been rendered by appellant
to withdraw the appeal under Rule
20 OF the Circuit Court of Appeals.
The appellant proposes to withdraw
the appeal when the court meets.
The court repeats as stated on May
2Sth orally and afterwards incorpora-
ted in an order that this court has no
power to make a lease. 1t can for
| bid one, but cannot make one. Thu
court said in reply to Judge Womack
who asked for writ of supercedeas
for sixty days that the court had no
power to prevent the directors from
meeting and making a lease. That
was an oral instruction constituting that
order The court meant it then and
did not hesitate to put it in the shapq
of an order afterwards. The making
of lease means more than a nero
paper. 1t means that the directors
and stockholders of the A. and N. G.,
might do whatever was necessary 10
be done to complete the lease. There
fore the court, understanding that had
been done. and the intent of it, if the
question of contempt had been brought
before him would rule that the par
ties were not in contempt in delivering
the property. This court. having no
authority to make a lease l think the
power to investigate this lease, as pre-
scented to the court is also lacking.
IL must take the lease as having been
made in good faith. 1t must take ~
that the Governor and directors have
thoroughly investigated the matter
and this court has nothing to do with
the responsibility of the. lease. Tha
court has heard no objection to tina