The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-30

II They Get Amy Money the Cuyler At
torneys Will Have to ,'Git It Out of
Their Own Clients and Not From
the A. & N. C. Railroad Treasury.
Judge PurneIf Yesterday Filed an
Order that is Solar Plexus to
Finch, Cuyler & Co. and This Does
Not Even Allow an Appeal.

The oeonle of North Carolina will
be glad to know that the latest raid
on the Atlantic and North Carolina
Railroad. like its two predecessors.
has failed.
The State won in the first receiver
ship suit. the State won in the sec
ond receivershio suit. the State wins
in the suit Of the attorneys asking for
allowances out of the Atlantic and
North Carolina strong box for the
compIainants and attorneys, in which
these attorneys asked that money be
given them by the very road they had
assaulted and endeayored To grab.
The opinion and decree in the last
phase OF the case was handed down
last NIGHT BY Judge Thomas Il. Pur-
nell, and in this he says that h. ;.
Finch. q mere interviewer. has not al
fected the suit anyway except possibly
To get IN McBee as > co-recelVer ana
is entitled 10 nothing. As 10 the pc
tition Of the others he says: This
being matter of discretion the peu-
tion of the solicitors IS denied.
In speaking Of the claim set up by
the Cuyler lawyers, Judge PumeH
saws that TO allow il would DC to
make litigation more profitable from Il
speculative stand point than any stock
deal OF which tie court has knowl-
edge" II referring To the lease made
he SAYS ''rhe lease WAS the result oi
tise action OF the stockholders and di-
rcctor-S OF tee corporation.
The Jig is ~ for the Free Lunch
I,itigants and their attorneys. and the
Cuyler and Finch folks must pay the
nddlers. access to the Atlantic and
North Carolina Railroad strong box
being denied them and their attorneys
The contest which. in its various
phases has stirred the state as IL has
not been stirred in an age is ended.
The ease goes off the Federal dockets
the State of its own accord has leased
the road, the complainants Cuyler and
Finch get nothing. and their lawyers,
having failed 10 hold up' the At
lahtic and North Carolina Road must
look TO them for cash If any cash they
get
Mary a red cent to complainants
ana lawyers is the summing w OF
the decision Of Judge Purnell. this il
is understood. being So worded IN the
nuul paragraph that no appeal can
be- taken As the closing chapter in
the Federal Courts of the litigation.
the decision is given in full:
Judge Purnell's Decision.
United States Circuit Court. Fourth
Circuit. Eastern District of North
Carolina.
John p. Cuyler and X. 5. Finch vs..
The Atlantic and North Carolina
Railroad Company.
In Equity.
The cniy question left for decision
is that Of allowances as asked for i'm
trc petition filed at the hearing when
a. final decree as to all other matters
vas entered. This question alone be-
n
IL Is necessary in determining this
question Ia review casually the record
OF this suit in equity.
ON May End. 1904. complainant fled
a bin i'm behalf OF himself and Az 9th
az stockholders OF the Atlantis x
North Carolina Railroad Company Vs.
The Atlantic x North Carolina Rail-
road Company. defendant After set
ting out the j.risdict .oauI allegations.
the bin alleges that the complainant is
owner Of fhirty-seNen shares OF stock
OF the defendant corporation. and IN
detail the charter and organization
and mismana cement and acts ultra
wires and the financial condition There
uf. quoting largely from annual re-
ports. That a large majority or the
stockholders. other than the state OF
North Carolina, were almost undni-
nous in their desire that some favor
able form Of lease should be accepted,
which was prevented by the withdraw
al of the States proxy. thus defeat
ibg quorum The bill then l,iayS for
ara injunction and receiverShip and
TandamuS. aud that the orator there
in may have such further relief in the
PREMISES as the nature of the case
may require. and praying for n suo-
ioena IN equity, which was duly IS
sued. Cuon the filing OF this bill. a
notice TO show cause was duly issued
and executed by the Marshal An.
answer was duly filed. denying most
Of the material allegations of the oiu
and also a petition By Florence =
Tucker asking 10 &c made party
which petition was duly granted ana
numerous aIf!aavits setting forth the
advantages OF a lease and other mat
tcrS.
on the return day an order Was
cutersd allowing K 5. Finch 70 inter-
vvne and MS hlii Of complaint filed or
the same date.
On The application Cf FIereuca =