The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-03
HEARING ON MAY 21st
Complaint Filed by Capt. Day and
Judge PurneII Issued Order to Show
Cause YesterdaY---The Bill of Com
plant a CongIomeration of the Same
Old Stories Alleged by Finch and
Affidavited by McBee.
The expected has happened.


Those meetings here of Lawyer
Flemming, of New York Capt Day,
X s. Finch and the conspiracy crowd,
have had their fruition. and the re-
suit is another petition for a receiver
for the Atlantic and North Carolina
Railroad.
Now comes John p. Cuyler. of New
Jersey, into Federal court and asks
for the appointment of a receiver for
the Atlantic and North Carolina Rail-
road.
And the order to show cause came
yesterday from Judge Purnell, upon
Mr.. Cuyler's complaint filed by Cap
tain Day. May 21st is set as the day
for the hearing.
A careful reading of the long COM
plant shows that it is a sort of hy-
brid conglomeration with Finch's
complaints and McBee allegations as
basis. The entire first eight pages
are identical with the first part of
the Finch complaint, quotation from
Mr. Bryan's report and all. and from
the fourteenth section nearly to the
end it is substantially the same as the
latter part of Finch's report The
intermediary matter has McBee for
its body.
Here is the order of Judge Pur-
nell:
United States of America, Eastern Dis
trict of North Carolina. In the Cir
cult Court, Sitting in Equity.
Notice 10 Show Cause.
John P. Cuyler, in behalf of himself
and all other stockholders of the AT
lantic & North Carolina, Complain
ants.
Atlantic & North Carolina Railroad
Company, Defendant.
Now, on this May End, 1904, the
court being regularly convened comes
the complainant by his counsel, W. H.
Day. and having filed his bill of COM
plant and exhibits moves thereon for
the appointment for a receiver of the
properly and essets of the defendant
railroad company.
Thereupon, the bill and exhibits be-
ing July considered, it is ordered that
the complainant's application be and
the same is hereby set down for hear
ing on the merits of said application
on May 21st, 1904, at the u. S. Court
room at Raleigh, at ten O'Clock a. m.
And it is further ordered that in the
meantime the defendant, the said At
lantic & North Carolina Railroad
Company it's officers, agents, attor-
neys and servants be restrained, en-
change in the present status of the
said defendant railroad company, its
property or franchises other than may
be necessary in paying the necessary
current operating expenses in the pro-
per operating of said railroad
THOS. r. PURNELL,
Judge presiding
The bill of complaint is lengthy
document of twenty-five closely type
written pages, filed by Copt. w. II.
Day, of this city, attorney for John p.
Cuyler a citizen of the State of New
Jersey, ''in behalf of himself and of all
stockholders of the Atlantic & North
Carolina Railroad Company other
than the State of North Carolina, who
may choose to become parties to this
suit"
The third section differs from the
Finch complaint in that it says: That
YOUR orator is and has been for many
wears y stockholder of said defendant
corporations that he is and has been
for many years and was at the time
hereinafter mentioned, the owner and
holder of thirty-seven shares of the
capital stock Of said corporation of
the par value of $780," instead of
that your orator is a stockholder."
Then the charter is set forth, as in
the Finch complaint including the
statement that the State of North Car
olina as a stockholder is obliged to be
present at all of the stockholders
meetings The same allegation re-
garding the fewness of the dividends
paid is made and in this connection
the same quotation is detailed.
That the company is in debt, the
following list of debts owing on March
4th, 1904, is quoted to show as fol-
lows:
Bills for NJ of E. w. and S. and