The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-01
A. AND n. C. RECEIvERSHIP
JUDGE SrMONTOy WILL HEAR
MOTION TO SET IT ASIDE
Judge Purnell VIII Sit With Judge
Simonton-Neariy All the Private
Stockholders Take Side With tia,
State.
Especial to The Messenger.)

NSpcSifl 90 Hc AcsScukcE.b
Raleigh. y. C.. February 27..-As was
stated in this correspondence. applicA-
ton was prepared and sent 20 Judge
Simonton by the state and by the grea-
ter number OF the private stockholders
OF the Atlantic and North Carolina
railway asking that the order made by
Judge Purnell for a receiver for the
Atlantic and North Carolina railway be
set aside. The papers in the case were
taken to Judge Sirnonton by Attorney
General Gilmer and A ID. Ward as as
sistant counsel; President James A
Bryan and w C. Monroe. the attorney
for the Atlantic and North Carolina
has been stated. the officials were unan-
imously OF the opinion that the judge
would set aside the receivership order
Feeling about this matter appears to
run pretty high. An effort by Receiv-
er McBee to have the papers served
upon the President OF the road las;
night before the latter left Raleigh fail
ed by half an hour. the President and
the other gentlemen named having left
on the Seaboard Air Line for Charles
ton.
Several days ago the governor stated
that he felt confident more bids would
come in for the lease Of the Atlantic
and North Carolina railway, III. L. Fin
layson and w. w. Mills, having stated
that they would file a bid before the
week ended. They have filed their
proposition, which is the second or
third they have made. offering to take
the road for so years. pay off the S4S 900
floating debt, pay the $4,000 annual in
terest on the bonded debt of 1925, ,OO0
pay for the continuance of the organi-
zation Of the company as at present,
| not to exceed s.. 200 a year and then to
pay interest on the out standing capital
| at the rate Of per cent. for the first
10 years, per cent. for the next 10
years 5 per cent. for the following 10.
and per cent for the remaining IL
and further to build within ten years,
| so miles Of connecting railway, the
lease to be void unless this so miles is
| built. The original plan of FinlaYsol.
Mills and their associates, was to build
| the new road westward from Goldsboro,
| probably to Youu3sville or some other
point on the Seaboard Air Line. All
| the bidders for the lease have stated
| that they would not sub-let to the
Southern or the Atlantic Coast Line.
Governor Aycock tonight received a
/ IeleSTdHl lTOlil AllOTuSy ISIieTdt
mer from Charleston saying that Judge
| Simonton agrees to come to Raleigh
| and hear the receivership matter any
| day after March 1. The Governor when
| asked by your correspondent il he had
| any doubt as to whether Judge Simon
ton would revoke the receivership re-
| Piled. II have not the slightest appre-
hension that he will do anything e!se
than set it aside"
| Governor Aycock says that three.
fourths Of the private stockholders oi
the Atlantic and North Carolina Rail
way have joined the state in flghtine
the receivership. and that so far as b.
knows no one has Joined K. S. Finch
| who applied for the receiver.
| When Circuit Judge Simonton come
here. (probably next week.. to hear tn
receivership matter, Judge Purnel viii
sit with him, this being the custom
The statutes provide that a distric
judges original jurisdiction In sucl
cases within his district is absolute. u
the absence of the justice Of the Unite'
| States Supreme court assigned to thi
| circuit (who is Chief Justice Fuller
and the circuit judge. (who Is Judg
| Simonton). 1t is therefore clear, VIII
| after having made at Norfolk on Thurs
day the order for receiver, Judg
| Purnell made a new order, Of the sam
tenor after his arrival here last even
ing, the latter proceeding being withi
the boundary Of his own district.