The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-09-23
Friday Sept. %, 1904. i
THE A

court asking that the Atlantic anC
North Carolina railroad should be pu'
in the hands of a receiver The Messen.
ger approved Of the proceeding. We
did so because it was known that suct
receivership would take the road from
under state control through a lease OF
sale. The roa was being run, as il
has been for years as a political a d
junct to whatever party happened To
be in power. and was always a bone oil
contention. It's affairs were and had
not for years been properly managed.
Neither the state nor the private stock
soldiers were getting any returns for
their investments.
The fact that a nonresident stock
holder brought the suit should have
had nothing to do with the question.
The only point was: Would a lease
be of benefit &c the state. to the pri-
yate stockholders and to the citizens
OF the section Of country adjacent to
the line OF the a That it would be
was plain to all except a few persons
blinded bv prejudice or influenced by
personal motives.
The Messenger advocated the receiv-
ership and lease and still thinks that
in the lease the best thing for all CON-
cerned has been accomplished.
From the beginning of the agitation
OF this matter there has been hot con-
tentiOn over the question.Th brought
the attention of the entire state to
this road and for the first time
people became aware OF it's condition,
the amer in which the property was
managed and the influences brought
TO bear to keep it in the hands of the
state and for what purposes. All this
litigation brought the road into such
prominence that persons DESTROYS of In
vestments began to look into the mat
ter and 1t has resulted in a lease of the
property which the state officials and
the private stockholders declare adj
vantageous to the wne M which
will be of great benefit to the section
to the whole state. Only a day or 50
ago in a conversation between a high
state official and an officer of a rail-
road other han one of the three big
systems in this state, it was declared
by both of them that the outcome OF
this suit was the best thing that could
have happened for the state. for the
which the roa runs.
The time will soon come when those
few who have so persistently de :
nounced the action of those who
brought the suit and those who ap-
proved of this course will be forced,
perhaps against their will, to admit
that they were wrong.
The object for which the suit was
brought has been accomplished and
here the matter SHOULD rest, but it
seems that Mr.. Cuyler. the original
plaintiff in the pending suit is not wilt
ing to this.
1t will be remembered hat when
Mr.. Cuyler brought his suit it was for
the avowed purpose OF causing a lease
OF the road. His prayer for a receiver
ship was granted in May last. and an.
appeal taken by the railroad. Since them
~ ACdSS has OGCA ulduS. III IHS mSdn-I
time other private stockholders had
themselves made co-plaintifs. After
the lease was made the latter came
into court and asked to ave h suit
dismissed. That matter was heard on
Tuesday last. All the plaintiffs except
stopped. At the hearing of this mo-
NTn- r.
the proposal Of the defendants, the
railroad company. to withdraw its ap>
peal. The judge could not dismiss the
case while it was pending in the ap>
pellate court, but he ordered the re-
ceivers to be relieved and discharged
as far as his court had the authority
10 do so pending the appeal.
n was the state Of affairs at the
hearing Tuesday when counsel for MI
Cuyler announced that his client would
consent to dismissal of the suit if ne
were allowed reasonable mpen /.
ton for his expenses. including law.
yers' fees" He placed this reasonable
compensation at twenty-seven thou
sand dollars, to be taxed. of course.
against the railroad.
Compensation for what? For having
accomplished the object of his suit :?
1t is that n nothing more. We hope
the court will not allow a cent of it.
Had there been no appeal n h re-
ceivers a held possession until the
road was leased he would not have
been entitled to anything but his
our costs. Why hen should he be-
paid this large sum for agreeing not to
block further the carrying out to full
completion the object of his own suit i:
He should not be allowed to play hot