The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-03
Col. Argo Says Turning
Over Road is Contempt.
WILL PURNELL ACT?
Aftermath of Lease of A. &N. c. Shows
People are Relieved. Rumors of Lit
igation Believed to Be Un-
founded. The Test of kunC
Pro Tune.

Col. Thos. S. Argo. one OF the attor-
neys for Cuyler. McBee and Finch, was
hot in the collar yesterday on the
subject of the lease of the A. & N. C.
Railroad to r. S. Rowland
We'll, Colonel, i suppose the lease
ends the railroad troubles" | re-
marked to him yesterday.
Col. Argo puffed.
Il don't know about that! Wen
have some thing to say to that! They
are going a little too fast. Wait till
we are heard from! The lease doesn't
bring enough. Why the directors were
going to declare a two per cent half
yearly dividend anyway in the fall!''
DO you mean that the Cuylers are
going to bring an injunction ?''
Il don't know yet what course We'll
take but we are not going to be run
over i'm any such way. This lease
hasn't been made yet Wait till it's
submitted to the court and Wen see
about it,
But what about the nunc pro tune
order? Under that the State was given
the right to execute q lease wasn't
it?"
Col. Argo snortei:
Il told the Judge that there was go
ing to be bubble about that word
execute but he fixed all that by inter-
lining the order to read that the re-
straining order was continued. That
order didn't change anything, it was
simply a repetition of the order that
the Judge signed for Judge Womack
at the hearing for a receivership. The
restraining order is still in force L tell
you. Our people didn't vote and they
will have right to be heard!''
But the lease is already made.
mo it isn't! We don't care anything
about what the meeting decided to
do. The paper says they've turned
over the road to Rowland: they'd bet
ter not!"-and Col Argo this time
glared.
What will you do if it has been
turned over-put them in jail?"
Yes, put the whole crowd in jail
Whom do you mean"
Bryan and the whole crowd of
them,' said the Colonel bringing down
his stick on the pavement with re-
sounding whack.
For contempt?'
Yes, for violating the restraining
order, which is continued
Don't you think l suggested.
that Judge Purnen is apt TO be just
Il little bit-er-er-satiated with-er?"
MOI said the Colonel positively.
Just you let them try to turn over
that road, without submitting it to the
court" And we parted.
All this was of the greatest inter-
est in itself as showing the animus
of the Cuylers: for Col. Argo, their at
torney, although he says that he has
not heard from them, must have
known their wishes and desires-to
say nothing of their intentions.
And his threat as to Bryan and
the whole crowd" is the more inter-
csting because the condition upon
I'll - no viCtc in.
the fact that, the lease having been
signed the required deposit made, the
road has been turned over formally
to the lessee and Mr.. Rowland his
officers III possession, is in actual as
well as constructive possession of the
road.
Does 1.-The whole crowd which
doubtless includes the directors as well
as President Bryan, also contemplate
the Governor?
Truly il were sad and narrowing to
think of the educational Governor
acquiring actual knowledge of Jail con-
uItIonS.
Difference Between Nunc and Tune.
1t will be remembered that at the
time 4. ID. Meares was appointed re-
ceiver of the road Judge Purnell an
nounced orally from the bench that
the restraining order issued at the time
of the appointment of the receiver
would not prevent the stockholders OF
The road from considering PROPOSE
lion of lease and submitting IL to the
court for it's approval.
Whereupon after the SupersedeaS OF
chief Justice Fuller had operated to
leave the road in the hands of the
State. the Governor. directors and
, stockholders, dropped the question OF
u lease and proceeded to await the
determination of the States appeal.
But on July 9th Judge Purnell Is
sued an order nunc pro tune IN Whlch
IL was stated:
..rhe court said orally. at the time