The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-06
Ghs mrssrlger.
A WAL FROM THE Capital.

The News and Observer OF yesterday
had a lengthy editorial on h applica-
ton OF Mr.. Cuyier for a receiver for
the Atlantic and North Carolina rail-
road. OF course that paper opposes the
action. It's editor is indignant that
such proceedings should be begun. In
announcing this second application he
says: Now comes forward the same
attorney who represented McBee and
Finch and makes another application
for a receiver. this time appearing for
another New York man whose stock Is
said to be owned by him" The infer
ence from the last clause OF the aoov
quotation Is that the editor Of Tae
News and Observer does not believe
Mr.. Cuyler, when he makes fhdavit
that he owned this stock and had
owned IT for some time. 1t will be re-
membered b a about the time OF the
first application for a receiver that pa
per announced ed~itorially that MI.
Cuyier had inherited the stock from his
father.
The News and Observer says any
stockholder has his remedy by laying
his grievances before his fellow-stock-
holders, and they should then present
such grievances before the governor
and demand that he remedy the evils
Of which he complains.
We would like to know how a stock
holder can lay his grievances and de-
mand for remedy before a meeting OF
his fellow stockholders when the gov
ernor will not allow such meeting. IL
is charged and sworn to that the pri-
yate stockholders by a large majority
declared in favor Of a lease at a meet
ing in september 1903 and adjourned
to a subsequent day to take final action
on the proposition. That second meet
ing was not held because the governor
ordered the state proxy to stay away
from 1t thereby preventing a quorum.
What relief then, we ask, can a private
stockholder who favors a lease Of
the road expect to get from the gov
ernor and his proxy?
The News and Observer editorial af-,
ter trying to belittle Mr.. Cuyler and to
bring him into disrepute closes with the
following:
Business men will pay little atten-
ton to Cuyler's filing the warmed over
and discredited stories Of McBee and
Finch. They give no weight TO sucn
buccaneering schemes"
Certain business men may not. The
thirty-four proxy committeeman and
the thirty-eight lawyers who travel ON
free passes of course do not want to see
the road S out of the hands of their
friends. The courts though, which look
at the merits of a case. will probably
differ with The News and Observer
and its business friends and not look
pon Mr.. Cuyler's proceedings as II
buccaneering scheme.
1t is not necessary to say that all
persons unprejudiced in the matter o.
his receivership business believe, with
The Messenger, that Judge Purnell will
decide this case according to the evil
dence which will be placed before him
and not through favoritism or maudlin
sentiment. The Judge has started out
IN the proceeding in a manne which
shows that he wishes to give both sides
ample opportunity to lay their case be-
fore him. While he had the legal right
to appoint a temporary receiver and
without notice, he preferred to make
the case returnable at a date 81 far
ahead as to give those opposed to the
receivership ample time to collect all
evidence obtainable on the side of the
governor, The News and Observer and
the free pass toters. We think a re-
ceiver should be appointed; but If
Judge Purnell, after hearing the evil
dence in the case decides that there is
no necessity for such a step we will
have no criticism to make on his de-
cision, feeling that he has decided the
a on its merits and in accordance
with the law and the facts, as laid be-
fore him by both sides to the contro-
yersy.