The semi-weekly messenger., 1906-09-07
FAYETTEVILLE NEWS LETTER
Pythian aBnquet and Talk-Tbe
Commissioned Staff-The Restrain
ing Order "a News and Personal
Notes.
Especial TO The Messenger. }


No. 5, Knights Of Pythias, the doors
Of the banqueting hall were thrown
open, and the officers and mem Ders
of the lodge seated themselves To the
enjoyment Of all the substantials and
delicacies of a Widespread table, Nr
w L. Handy presiding as toast-master.
He successively called On several other
members TO consider this an expert
ence' meeting, and to tell what pyth-
ianLsm had done for them. and wha :
| they had done for its advancement
Responses were made by Messrs. Jchn
A. Pemberton, w. D. Caster, R. Nc
MILAN, @. K. NimOcks, and n NJ.
Watson, the toast-master making all
| excellent talk. Calls We're then made
for other members, and the evening
was full Of enjoyment.
The correspondent yesterday gave
the list of commissioned officers Of
the Independent Light Infantry bat
talon, but SO hOnOred and ancient a
command merits the publication of its
entire staff, as follows: First, second
third and fourth sergeants, Howard
Smith, w. D. Billiard, John Hightower
John Atkinson; First, second, third and
fourth corporals, W. Fry, J. CrossWell
E. Johnson, c. Johnson; Chaplain
Rev. l. w. Hughes; Surgeon, Dr. J. c.
Dye; Treasurer, T. T. McGilvary. The
thanks OF the battalion were rendered
TO Messrs. Sidberry and Upton, jewel
ers, for the gift of a beautiful signet
ring for the 115th anniversary
Following are more in detail the
facts of the contest over the aban doned
road bed Of the Cape Fear and Yadlin
Valley railway, a summary Of which
was sent yesterday to The MeSseng ger:
AS soon as the Fayetteville Street Rail-
way and Power company obtained its
charter and franchise, it at once took
possession of this road bed and began
grading, securing rights of way for
more than half of the whole seven
miles. Thereupon other railroad in
terests sought to take possession, with
out condemnation proceedings against
the HOlt-MOrgan company, Victory
Manufacturing company, Hope Mills
Manufacturing company, basing thel"
action on legislative charter. The
Street Railway Company then began
an action against the Aberdeen and
ROckfish and Raleigh and Southport
r. R., ct al, and paragraph NO.
of the complaint is as follows:
That as plaintiff is informed and De
lieves, no effort was made nor intention
expressed by defendants or any other
person or corporation, to build upon
or in any wise use the said railway
until certificate of Incorporation was
issued to plaintiff, and it had entered
upon and staked out and began to pre-
pare the same for use as aforesaid, bu-
Immediately thereafter the defendant
RepaSS protesting to act as the agent
of the other defendants OF one OF them,
and WHO is the Chlof engineer of the
defendant, the Raleigh and Southport
railroad, and the said defendants and
other persons, contrivin@ and federat-
ing together for the purpose of hinder
ing and delaying and defeating the
plaintiff in the prosecution of its bust
ness of laying said track and operating
the said street railway, have. sine"
the plaintiff has entered upon the
same for the purposes aforesaid, threat
enad to interfere with plaintiffs work
men and employees, and the said Aber-
deem and Rockfish Railroad company
has instituted proceedings to condemn
portions of said road bed now in pos
session and occupancy Of plaintiff and
necessary for it's purpose, pretending
that they intend to build railway upon
said track, but really and IN truth, as
plaintiff is Informed and believes, for
the purpose Of interfering with plaintiff
and preventing the building of said
CIV l.ti Vyn
track, and preventing competition with
said railroads in the carriage of pass
engers and goods between Fayetteville
and Hope Mills, and of getting posses
sion of said roadbed for their own pur
poses.
The following order was today served
on the defendants above named
North Carolina, Cumberland county,
superior court.
Fayetteville Street Railway and Power
Company
against
The Aberdeen and RockfSh Railroad
Company, The Raleigh and South
port Railroad Company. and jerry
ReSpass.
On reading the foregoing comp! !aint,
treated as an affidavit, it is ordere
that the defendants snow cause DelNTa
me at Lumberton on the 14th day OF
September, 1906, why the injunction
prayed for shall not be granted. Mean
time, the defendants, their officers.
agents and employees, are restrained
from Interfering with plaintiff. or en-
tering upon or instituting proceedings
to condemn any part of the roadbed Of
the old Cape Fear and Yadkin VALLEY
Railroad between Fayetteville and
Hope Mills, until the further order CT
this court.
The clerk of Cumberland superior
court will issue the restraining order
upon the filing in the Office OF the
superior court by plaintiff of an under
taking in the sum Of Five Hundred
Dollars, pursuant to section ST of the
Revisal of 1905
W. B. COUNCIL,
Judge holding courts Of 1tn