The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-03-20

IS previously "a Ii l cent ~
been Iaj3 Is ~ ycaf ut = ir
-Ea4 ratif.d att f+E1as annual as
- .HE tnaf the -. ~avu13
~ at U.s. eon sr .n
iEe actions af fue 1905. us su sHt
~ ts ros3. IL mos ta' tas @etl
t6 SUIT i3
reasonable. ant uu5 tee defend
-ai hs4 af muel H"..'y Np@ea
voted lor -. lease ana Et- ''fI rl
Tlo.a opposing t tal Jnaut tae ugea
opposing the lease should leN clean
h.4sos. which Was no. being done.
W one hal been injured or dam
aged ly the lease aud the stock mad
increased in value. ana 10 fraHa itt
been shown. apt one thing To lIN@l~
date tn" lease, While shipper wGp
claimed 10 be d-i-cfiuiuAted against
seek relief G-oia the Corppr4tiaa
Commission. The 100000 requir !
had been deposited ~ The ls~e,S and
there Has no foundation for tie con-
teution Of tn. plaintiff.
MIR {. VI. Bu~bcc'~ argument.
ar. {. u. Bus0ee spoke for twenty
pine minutes rs representative OF tine
largest private stockholders. and d.
clared thae the lease ought To bessup-
ported, u not a|nnulled by me stock
holder with two shares, and at the
bchcst Of q man Who would rather see
the road i'm Federal hands thar have
his Will tiIWartcd. All the other stock
holders are for the lease. ana the
charter gave a right to lease. that since
it had been made the stock had i'll
creased in value, the affair being such
that honesty and ~pecuniary advantage
were both secured by the lease, which
had been twice ratified by the stock
holders, and that no ultra wires act
had been done. every step in the lease
being taken properly. He reviewed
the many ~receiverships of the road and
held that in the present lease an IN
nuIlment would affect third parties
unjustIy, n that a reasonable time
for a suit to annul had passed. The
present irrigation was such that an
eX--eceiver had recently declared Of
the road I'll have CT 2gin before corn
ime.'" His argument was an Bile
and iogica! one presented splendidiy.
Col. =. VI. Pearsall Speaks.
Colonel PearsaI spoke for only FIVE
minutes, declaring that Hill was es-
topped from a suit as he had bought
q share since the lease. and that as
Foy had assured Hill against loss ne
had no interest. He declared the lease
legally made chat the directors had
power to make it, and that the lease
had not been forfeited in any way,
but rhat every obligation had been
kent. While the overChdrge claimed as
to freight could be settled by the Cor
poration commission. 1t was a short
argument, but it "a able and bristied
with facts.
Ex-Governor Nycock's Argument
Ex-Governor AycocK made an arGu
ment that was splendid in cOnStrUG
- T-@ 81
of his great interest in his matter. as
the lease had been made during his
administration. He traced the his
tory of the roa from its inception
showing it to have been at one time
bankrupt, but now paving a dividend
while receivers had throttled it, ana
it had been q political football. lie
denounced the McRee receivership as
ONE Of spectators and mounte-
banks. telling how this had bcen slip
ped on the people. and how MI. Clark
mad once had his clients swear a lease
would be mad taat Nj. Moore bad
been director OF a road that asked
10 lease, though now these said Their
could be no lease. He explained tn.
terms OF the charter II showed that
q lease could legally DO made. Here
Mt. Clark objected and Tcferrd 10
English law at which Governor Ay-
cock said Il knew YOU WouId get that
I'i dNe N Ii'I1 III 1Iit ldlht Ilc jt-
lated how great lawyers in the past
had declared Il lease cou'd be made,
and said The most powerful exponent
Of public opinion (rcferrcing to tn
News and O~bserVer) had denounced
the lease Of the North Carolina road
to the Southern, and that the Supreme
court had held this legal. and thar
to escape RUSSELL the Southern mad
gone to the Federal Courts which &c
clared North Carolina coui9 lease its
road. He declared that the lease of
tn Atlantic and North Carolina hal
been publicly done and that all knew
side Of an insane asylum who mad
not"
Governor Aycock told of legal firms
ndorsing the right to lease, and crit
icized Mir. Foy for standing idly by
md seeing money invested befor" he
objected in the courts. Such actions.
he declared, as 10 Of honesty. integ-
rity and Righteousness. and that 10
man could face God having done
things thai We're not equity. righteous
and honest, and that no State could
do such an unrighteous and dishOn-
est thing as to repudiate such a lease.
He denied Craven countY's right to
ask to annul the lease after voting for
II. and said the men who asked this
did not have clean hands,, that the
people Of raven might trip and fall,
but their feet are not of clay and one
day they will regret having turned
back on him. He declared that
if the bargain was bad it was honest,
and that + one day he sold cotton
ahead for 10 cents and it rose to -
he would take his little ten cents 4
pound n be q IAN He declared 10
contract had been violated and thu
the cry OF freight discrimination il
the suit was a mere pretensc and dis
suise, There is no loss. the 100000
been deposited and the State j.
safe, n that if the case was not man
aged by able men WhoT he esteemed
he would not treat it seriously and
not consider that there VAS any
validity in the plea. Governor Aycoch
spoke 40 minutes and his argument
was a strong one.
NJ. ". ". Clark Oppose Lease.
The closing argument was made for
tho plaintiffs by Mr.. W. w. Clark. !
VINO. in am exhaustive and splendid
legal presentation Of the case decIar-
that no lease could be made legally |
and A%cn if made, had been inyaIi-
dated /, tn, hnoi,.f,1r IF -: Cd