The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-08-04

u
er to get the bes1bid for the property.
whose value had been advanced SO
much during his administration, sud-
denly the road was put into the hands
Of a receiver, the receiver being Nc
Bee and the quasi-stockholder being
Finch. The outrage was such a mani
fest one that even Judge Purnell.
from the evidence in the conspiracy
proceedings that the Administration
brought, professed himself to be "high-
ly indignant" at the way he had been
imposed upon and Judge Simonton
dismissed the receivership case. Then
came the death of Judge Simonton. In
the meantime the papers that had
argued the benefits of the receivership
began to howl with unanimous and
vociferous cater-wauling for a lease of
the road to which nobody objected on
reasonable terms, to cover their own
error. Then came the appointment
of McBee, under indictment in the
State courts, as cO-receiver of the
same property, the appointment be-
ing made by Judge Purnell. And the
accompanying restraining order read:
And it is further ordered that
in the meantime the defendant,
the said Atlantic & North Caro-
lima Railroad Company, it's Of
ficers, agents, attorneys and serv-
ants, be restrained, enjoined and
prohibited from making any
change in the present status of
the said defendant railroad COM
pany, it's property or franchises,
other than may be necessary in
paying the necessary current OPP
Grating expenses in the proper OPP
GRAFTON of said railroad %
The papers that had been juStifylnS
ia Il IL a
conSpirators were again routed for
this order, despite the fact that JUS
tice Fuller dismissed the receiVershlp
and put the control of the States prop
erty back in the proper hands, remains
until the hearing of the case before
Judge Pritchard at the next term OF
court And this enjoined the authorl-
ties from making any lease.
And now, on the plea that he made
the order before, and that it was ms
laid, Judge Purnell, adds these para
graphs which change the whole status
of the case again:
1.-The court said orally at the
time, and makes it a part of this
order nunc pro tune, that nothing
contained in the restraining order
hereinbefore granted on May IND,
1904, '(when the Cuyler petition
was fled shall be construed to
have the effect of preventing the
stockholders of the defendant, the
Atlantic q North Carolina Rail-
road from holding a meeting in
accordance with the bylaws OF
the said company, and passing
upon and authorizing a lease of
the Atlantic q North Carolina
Railroad, and of the directors of
the said company executing the
lease, if so authorized by the said
stockholders"
I'm the event a lease is eXecut-
ed by the stockholders and dlrec-
tors of the Atlantic 81 North car
DINA Railroad, and the same is
presented to this court, the court
will consider it upon motion to
dismiss the bill, vacate the in
junction which is continued and
discharge the receivers
1t was for his criticism OF the court
in this matter that Josephus Daniels
was ordered into custody, in violation
of the plain law
Now the court said orally at the
time, according to the uncontradicted
statements of the reporters of all the
papers, that the directors might meet.
consider a proposition to lease and
submit it to the court, and if satisfac-
tory. the proceedings would be dis
missed The Governor was not mind
ed to submit the States business to
Judge Purnell of the Federal Court
and the Governor was right.
SO in dread, apparently, of the judg-
ment to come, this belated offer of a
cessation of hostilities has been made.
What is done now ought to have been
done then. What can never be un7
done now ought not to hav.. been done
then. There is no nunc pro tune.
Of onnd work In Snltp
of the papers that have been decrying
the value of the States railroad while
and on any sacrifice of the States in
terests, we hope that the matter will
be brought in orderly form before
Judge Pritchard and that the restrain
ing order will be revoked and Judge
by his superiors. That is a pretty bad
record for one case. Then 1T will be
time to talk about the dismissal of
Judge Purnell by due and orderly pro-
cess of law, the institution OF impeach-
ment proceedings. What confidence
can this people ever have in the
righteousness of any decision of his
hereafter? The people have right
in this matter, namely that they be
allowed to retain the respect that hon
est men feel for the majesty and Dig
nifty of the law TO rob them of that
respect and to change it into contempt
is a crime against society that only
the Impeachment of the judge respon-
sible and his acquittal or conviction
can remedy.