The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-03

and makes it a part of this order nunc
pro tune, that nothing contained in
the restraining order hereinbefore
granted on May End, 1904 "(when the
Cuyler petition was fled shall be
construed to have the effect of pre-
venting the stockholders of the defend
ant, the Atlantic & North Carolina
Railroad, from holding a meeting in
with the bylaws of the
said company, and passing upon and
authorizing Il lease of the Atlantic Il
North Carolina Railroad. and of the
directors of the said company eXecut-
ing the lease. il so authorized by the
said stockholders
And in another paragraph this con-
Trajectory and meaningless sentence:
lin the event a lease is executed by
the stockholders and directors OF the
Atlantic 4 North Carolina Railroad.
and the same is presented to this court.
the court will consider it upon u mo-
ton to dismiss the bill. vacate the in
junction which is continued and dis
charge the receivers"
This order lay hidden in Clerk Ton
noffski's desk until August 1st when
it was learned of from outside sources
by the News and Observer, which
printed it on August End ana pointed
out that it was anything but the Or
der which was made orally on May
md. which it purported to be.
And. although the Governor at once
let it be known that. the restraining
order havine been modified so that the
State had the power to lease, he was
ready to receive bids, it will be remem-
bercd how the Morning Post. after
featuring the order in its news col
umns. laborel editorially to prove that
it was really, as it purported to be,
nunc pro tune!
And. even now. Col Argo says that
the restraining order is still in force.
Is it CONTEMPT?
The above is set forth merely to
point clearly this serious PROPOSE
ton:
If the Morning Post and Colonel
Argo are right. if the restraining or
der is still In force, then indeed are
the Governor and the directors and
the stockhVl ders of the road in con-
tempt!
For the thing was done without so
much as :he bat of an eye towards
the Federal court The lease has been
executed and delivered and the roa1
has been turnel over to the lessee.
If Judge Purnell meant that the
property should not be disposed of
without his approval, his authority has
been outraged.
What is he going to do about it?
If on the other hand. he shall quiet
ly submit it will but prove the correct
ness of the position taken by this pa
per. by the Governor and by the di-
rectors that the restraining order, in
stead of being continued, hal been so
modified as to be practically non
existent.
Mr.. Foy Not 10 Iiti@ate.
Although it was correctly stated in
yesterdays dispatches that Mr.. G. b.
Foy, who has from the first opposed
lease of the road, was talking litiga-
ton, the news was brought yesterday
by people returned from Morehead
that, while his views were unchanged,
Mr.. Foy was now disposed to acouiesce
in the decision of the majority of the
stockholders of the road. and that he
would not start any litigation.
This will be good news to those who
have the interests of the road at heart
as it is felt on all sides, regardless of
opinion as to the wisdom or unwisdom
of the lease. that the road deserves a
period Of rest.
AS TO Col. Argos statements as tC
the probability of the Cuylers making
a motion in the cause or procuring an
injunction, it WAS pointed out that
their stock was regularly voted by
proxy in Thursdays meeting. In ad-
diton the attitude of the plaintiff in
the receivership case has all along
been that of favoring lease and 1t
would come with poor grace and would
show a fatal lack of ingenuousness for
those interests to resist thu ieeSe >sss,.at
has been made.
''Any Cuyler agitation that may
crop up" said thoughtful attorney
yesterday, would probably be started
with the aim of securing a compromise
to get out of paving the costs of the
litigation
Mr.. Pou's Statement.
Mr.. Jas. II. Pou, who is of counsel
for the State, in the ReceiverShip liti-
CATION and who also represented Mr..
Rowland in the lease negotiations, re-
turned to the city yesterday. He
stated, when seen, that in his opin-
ion the troubles of the road were now
at an end. Asked as to whether the
lease would be submitted to Judge
Purnell, Mr.. Pou stated that he did
not consider that it wouN be- as that
was unnecessary under the order of
the court. The road had been leaseI
and the property turned over. He
supposed that. if no motion were made
by the plaintiffs in the receivership
private stockholders, that the State
would simply sit still and let the ap-
peal go regularly to the higher court.
when, he felt confident. the matter
would be definitely settled anyway.
General Satisfaction Expressed.
People generally expressed them
selves yesterday as gratified at the
END of the A. 81 n. G. troubles. The
prevalent view was that the road was
in strong hands and that it's operation
would insure to the great advantage
of the section through which it passes.
The news that 100000 now ties had
already been ordered that heavier rail
would be provided and that the en-.
gines would be changed from wood t.
coal burners were all features which
were talked and applauded.
A Clear Skin Necessitates Good Blood.