The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-29


late the hotel had been badly man.
aged and generally closed about the
middle of August, whereas it was one
of tha finest spots on the coast and
could easily be made splendidly pay
ing niece of property These disad-
vanta ees could all be removed bv the
railroad purchasing the property ar
taking il out of the hands of a lesss
The report strongly urged the uW
chase of the hotel, which was do&
Then an affidavit by " E. REee
was read. the same old story ~ al
legged mismanagement giving ri free
masses free board at the h0EFl. that
w. H. Bagley was director without
being stakeholder, and so Arth. APP
pended thereto was a copy of the re-
port of the investigating committee.
Mr.. Henry A. Page was then put on
the stand and examined by Mr.. Clark.
He said Mr. McBee's copy of the re-
port seemed to be a true one. Mr..
Clark was proceeding to question Mr..
Page as to the report, and asked him
if he had a copy of that report, but
Mr.. Pou. for Mr.. Page, stated that
under the circumstances, Mr.. Page
did not think that he should be re-
quired to lose possession of or testify
as to the contents of that copy belong
ing to Mr.. Page, which was d copy of
the report which was the property of
the Governor of the State.
Mr.. Clark said that this was not
the time to question the competency
of the evidence. Mr.. Page would be
allowed to make q copy of his paper
and keep the original. Counsel for
the defendant had offered affidavits
from persons who had testified before
the committee.
Gen. Gilmer contended that the evil
dence was not competent. This evil
dence was taken for the satisfaction
of the Governor, and should not be
brought into this court.
Mr.. Clark said it was not an eX-
parte examination, but conducted by
the Board of Internal Improvements
which is legally qualified to summon
and examine witnesses. Both sides
were represented by counsel at the eX-
animation, which was legally con-
Quoted.
Capt Day said he did not under
stand why counsel for defendant OBJ
iected to this evidence being brought
out in open court if they were willing
for it to go before the PEG Die of North
Carolina He had heard that a mem
Ser of the Board of Internal Improve
ments had sent down to New Bern
and purchased the stenographic notes.
and so no copy could be obtained in
that way 1t was Mr.. Beckwith, he
said who had purchased these notes.
Gov. Jarvis said he knew it to be
a fact that any newspaper in the State
could go to the Governors office and
copy that evidence. The Governor
only said that if part of it was pub
lished he wanted it all published. But
Capt. Day had with his usual frank
ness told what they wanted with it.
They simply wanted to have it to eX-
anime witnesses by. Besides, more
than half of that evidence was mere
hearsay, and not competent in any
court. The defendant had no dispo-
sition in the world to conceal any
thing, for tWo-thirds of this road be-
longed to the people of North Caro-
lima. Mn Clark had appeared in the
capacity of a prosecutor at that eX-
amination cross examining the wit
neSses, while the company had had
no opportunity TO cross examine the
witnesses. Would the court allow one
side to have all the advantage of
roSS-eXamination?
Mr.. Clark said that Mr.. w. G. Mum
roe and others had been present at
the investigation, on behalf of the
road
The court required Mr.. Page to pro-
duce his report to be used in evil
dence, and Mr.. Page went after it, and
il was laid before the court. ON eX-
animation by Mr. Clark Mr.. Page said
that the witnesses were cross-eXam-
ined by the railroad company. Mr..
Clark offered the evidence of the. re-
port, and Mr.. Pou objected.
Judge Purnell stated that it ap-
peared to the court that this hearing
must be continued, whether it seemed
necessary or not on account of the
sessions of the district court here and
the Circuit Court of Appeals. He
therefore directed the following order
TO be entered:
The Order
"This cause coming on to be heard
and being fully heard and after argu-
ment by counsel, upon reading and
considering the verified bill in this
cause together with the answer, eX-
hibits, interpleaders and upon the adj
missions of acts ultra wires, misman-
agement and other facts appearing in
the record it is ordered by the court
that Thomas d. Meares, of Whining
ton North Carolina, be and he is here
by appointed receiver of this court of
all and singular the property, assets,
rights and franchises of the Atlantic
and North Carolina Railroad Com
herein, wherever situated. including
all the railroad tracks, terminal ia
ciities, real estate, warehouses, offices,
stations, and all other property and
buildings and property of every kind
owned. held, possessed, or controlled
by said company. together with all 9th
err property in connection herewith,
and all moneys, chooses in action. cred
it's bonds, stocks, leasehold interests,
other property, real, personal and
mixed held or possessed by it, to have
and to hold the same as the officer
of and under the orders and directions
of the court.
'The said receiver is hereby author
lied and directed to take immediate
possession of all and singular the
property above described, wherever
situated or found, and to continue the
operation of the railroad of said. COM
pany, and to conduct Systematically,
the business and occupation of carry
ing passengers and freight and the
discharge of all the duties obligatory
upon said company
and said Atlantic and North Car
DINA Railroad Company, and each
and every of it's officers, directors
agents, and employees are hereby re-
quired and commanded forthwith to