The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-01
HIS ORDER FOR THE
RECEIVER SET
ASIDE

the Supreme Court
Speaks.
A DREAM SHATTERED
The Command Issued by the Highest
Tribunal of the Nation Directs that
the Order Appointing a Receiver for
the Atlantic and North Carolina
Railroad be suspended and that the
Properties of the Road be Left in
the Hands OF Its Officers Until the
Further Order of the United States
Court of Appeals.
{ BY FRED L.. MERRITT)
The order OF Chief Justice Fuller in
the Atlantic and North Carolina rail-
road receiyerSlip matter is held here
a direct overruling OF Judge Purneil,
by the highest judicial authority in
the land.
Also it is construed as a justification
of the criticisms that have been made
by Editor Daniels and others OH that
ruling and for which Judge Purneil
now adjudges Mr.. Daniels in con-
tempt.
Washington, d. c., May 31.-Today
Judge Purnell's dream of regulating
the universe, including the "Mullet
road" was rudely shattered
Last Saturday when he named a
discharged employee of another rail-
road and later appointed as co-receiv-
er a man under criminal indictment
in the county court NO doubt the
Judge" like little Jack Horner, said:
What a great man am | 2" but today
a higher court, taking cognizance of
the law and the fact in the case, has
set at naught his action, leaving him
II, f1,,, r,c i,,,,
on the sufhciency of a twenty-five
thousand dollar bond.
Thus passes the glory of his judge
ship, likewise that of MeaFes and Nc
Bee.
Chief Justice Fuller of the United
States Supreme Court this morning
granted a writ of supersedeas and stay
CT proceedings, directed to Judge Pur-
nell commanding that his receiver be
not permitted to take charge of the
properties of the Atlantic and North
Carolina Railroad Company, but that
same should be left in the hands of
it's officers pending the hearing of the
appeal from Judge PurnelIs order of
May 28th, under which said receiver
was appointed
Text OF the Order.
The text OF this order is as follows:
In the United States Circuit Court
of Appeals for the Fourth circuit. The
Atlantic end North Carolina Railroad
Company, appellant, VS.. John u. Guy
ler and X * Finch. On consideration
of the within petition and accompany
inc record: II is ordered that the OPP
Grafton of the order Of the Circuit
tcour of the United States for the
Eastern district of North Carolina OF
Nav o8. 1904. appointing a receiver be
STAYED and suspended, and that the
properties of the Atlantic and North
Carolina Railroad Company be left in
the hand of its officers, until the fur
ther order of the SAID United States
Circuit Court of Appeals at its next
term. on appellants giving bond in the
nepaI sun of twenty-five thousand
dollars conditioned according to law
and with Good and sufficient security.
TO be approved as to form and suff-
CHENEY of sureties by the district judge
of the United States for the Eastern
district of North Carolina.
MELVILLE w. FULLER.
Chief JuS,ice of United States, allotted
to Fourth circuit.
The Bill of Complaint.
The bill of complaint on which the
ohaIio andar was issued sets forth facts
as follows:
One That the PLAINTIFF III error CThe
IN r. Railroad) is a corporation
d,l,- ato~tered and tWo-thirds of its
So, er hn1onos 10 the State; that it was
a,,'aA. .9 roore than forty years ago
u SdillASu ,o,o parforD1a6 aud ic