The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-26
CONSP|RE TO GRAB
THE A. ( \. {.
ROAD2
CONTINUED frcm First Page.)

nd directed TO take immediate possession
| 81 all ;nd singular the prp..lty above
described. wherever situated or found
and to continue the Operation o. the rail-
| cad CT said company, and 10 conduct
| systematically the business and occupa'
tioE Of carrying pas 'en&ers and freight
and tie discharga of al the duties opll-
gattry upon said company.
And the said Atlantic and North Caro-
..na Railroad Company, and rach and
every OF It's officers, directors, agents and
Iemployees are hereby required and com
manded forthwith to turn over and dc
liver TO such receiver or his dulY consti-
] tuted representative any and all books
Of account, vouchers, papers, deeds,
Ictses, contracts. bills notes, &C counts,
money or other property in his or their
Lands or under his or their control, and
they are hereby commanded and required
/ 90 obey and conform to such orders as
may be given them from time to time
| by the said receiver or his duly cunsttu
| ted representatives in conducting the
| said railway and business, ana in lis
charging a duty as such receiver, and
| they and each of them %" hereby en-
! ioined from interfering in any way what
ever with the possession or management
| of any part of the business or property
lclCr which said receiver Is 50 appointed.
ar from in any way preventing or seek
Ing to prevent his duties as suIn receiver
| S2id receiver is hereby fully autLol lied
| 10 continue thu business and operate The
Ira road of said company ard manage ali
llts property at his discretion 10 such man
ner as will, in his judgment, produce the
most satisfactory results, consistent 18th
The discharge OF the pubic duties inn
posed on said company, and Ia collect and
receive all income tn srefrom and all
Iatbts due said company OF every Kind,
land for such purpose he is hereby invested
with full power at his discretion to en-.
lIlcy and discharge and Tx the compen-
isation OF all such officers, cc1nSsl, mana
lgers, agents and employees, as may be
Required for the proper discharge OF the
lduties OF his trust.
| And said receiver Is direcrel to de-
lpcsit the monies coming into his hands
III some bank or banks in the city of New
Bern, NJ c., and to report his selection
I to the court.
Said receiver is hereby fully authorized
land empowered to institute ana prose
cute all such suits as may be necessary,
in his judgment, to the proper protection
OF the property and trusts hereby vested
n him, and likewise defend all actions
Instituted against him as receiver and
to appear in and conduct the defense
Of any and all suits or proceedings now
pending in any court against said com
Irny, the defense of which Will in the
Judgment Of said receiver lie necessary
and proper for the protection Of the
property and rights placed IN his charge
land for the interests of the creditors AID
stockholders of said company and to
come IN and take the prosecution OF any
lof the suits now pending n which the
i4&tlantic and North Carolina Railroad is
lriaintiff, the prosecution OF which Will
in the judgment of the said receiver be
necessary and proper for the protection
of the property and rights placed in his
charge and tor the interests OF the credi-
tors and stockholders of said company
| Said receiver is hereby required to give
bond in the sum of $50, 100000 with Sc
culity to be approved by this court or
its clerk Tor the faithful discharge Of his
iduties and to account for all the funds
and property coming into his hands ac-
lcording to the order of the court The
said bond shall be Increased from time
TO timey if and when it shall be consid-
cred by this court proper to so direct.
The said receiver is also required to
make and file IN this court full report
of all the properties, funds and assets
which shall come into his hands under
and according to this order and he will
make and file in this court such other and
further report as may be required by
the court.
| And the court reserves the right by or
ders hereinafter to be made, to direct
and control the payment OF all supplies
| material and other claims, and to in all
respects regulate and control the con-
duct of said receiver.
| 1t is further ordered that the defend
ant, the Atlantic and North Carolina
Railroad Company shall, on the first Mon
day in April 1904, this being the rule
| day in April TO which the subpoena in
equity herein has been made returnaple
show cause before me in my chambers
in the Postoffice Building in the CITY Of
Raleigh why the temporary receivecship
Under this order shall not be made perm
| anent.
| II is further ordered that a copy Of
this order duly certified by the Clerk of
| this Court be at once served upon the
| defendant herein.
| And this cause is retained for further
directions.
(Signed THOS. r. PURNELL,
| L. s. Judge
| February "a, 1904.
| In the Circuit Court OF the United States. for
the Eastern District of North Carolina. sit
| ing IN equity at Raleigh
] n = finch, IN behalf of himself and of all the
| other stockholders OF the Atlantic & North
| carolina Railroad Company complainant.
The Atlantic North Carolina Railroad Com.
pany, defendant
! 10 the Honorable, the Judges OF the United
states Circuit Court, for the Eastern District
| Of North Carolina, sitting in Equity:
X. > Finch, citizen and resident of New
| York State residing at No 265 West Sth street,
| city of New York, brings this his BILL in behalf
| of himself and all stockholders of the Atlantic
| & North Carolina Railroad Company other than
| the State of North Carolina who will come in
and make themselves parties to this action, de-
PENDANT
Now comes X. s. Finch your orator, and COM
planning alleges:
First. That your orator is citizen of the
State of New York. and a resident of the CITY
of New York, and the defendant, the Atlantic &
North Carolina Railroad Company is CORPORA
tion duly organized and existing under the laws
of the State of North Carolina with its principal
place OF business in the cite of New Bern, in the
| ~ J-,c;.