The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-18
FRIDAY, MARCH 10 1904.
THE RECETVERSHIP FIGHT.

Interest and excitement over the At
lantic n North Carolina railroad re-
ownership n the Indictment of
Nessrs- McBee and Finch increase
daily. The origin OF the whole matter
seems to have been Governor Aycock's
stubborn stand against a lease at a
fair rental OF property which was bring
ing in no returns to the state or the
private stockholders and the efforts of
persons representing parties who wish
ed to secure the road to force the gov
ernor to make a lease. The governor
has been SO hostile to the idea Of leas-
ing ut the figures offered that he would
not let the states proxy attend the
meetings OF the stockholders. and as
the state owns two-thirtds OF the stock
there could be no quorum unless it's
representative was present.
By virtue of the state owning the
majority Of the stock and the governor
having the appointment of the states
representative Of that stock and also
IF eight out OF twelve of the directors
he has absolute control of the property.
1t gives any man in his position a
strong political pull. This is one Of
the reasons-and an important one
why the road shoul pass from under
state control, especially when the
state by such change will be placed
in possession of an additional annua
revenue of from forty-eight thousand
to sixty thousand dollars. and
a large section of the state be benefit
ted By an extension Of the line.
If the condition of the road, financial
2y and physically, is as President Bry-
an said in his last nnual report that
it was, the governor or some one else
should have taken steps long g to
have placed it in the hands of a re-
ceiver or have something else one with
it to raise it out OF the mire into which
it had sunken under incompetent, if
not worse, state management.
1t looks as if the object Of the in
dfctment of Mr.. NcBee was chiefly to
prepare the case for the state in the
~receivership hearing which is to come
up in the federal court today. The
prosecution was determined that GER
ld1H evidence SHOuIQ De pTOuuceu DIT
the criminal trial. The offer Of the de-
PENDANT to waive examination and Civ
bond for his appearance was opposed
by the prosecution-and was not allow
ed by the j~ustice-unless the defendant
would admit the truth of the affidavit
On which the warrant was based-in
other words. confess his guilt. Evil
IDENTIFY the defendant did not want the
matter investigated before the hearing
in the federal court and was willing, in
order to prevent it, to admit probable
cause for his being bound over to court
n give bond for his appearance. 1t
has always been the practice in this
state for magistrates in such circum-
stances to do away with the taking of
testimony, for it is a useless proceeding
when the defendant offers to be bound
over without az clearing. But the pros
ecution would not agree to this unless
the defendant would plead guilty of
the charge. Justice Clark sustained
the position of the prosecution. Mr..
Clark is chief justice of the supreme
court Of North Carolina and it is pre-
sumed he knows the law, although in
the last seven cases appealed from the
court over which he presides to the
federal supreme court the latter a in
six OF them that the. state court had
erred in its construction OF the law.
Tho pnflrt oui6nptI,- rhnrOh+ thof n