Newspapers / The Morning Post (Raleigh, … / Sept. 21, 1904, edition 1 / Page 5
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THE MOKNING POST WEDNESDAY, SEPTEMBER ai IQ O 4 r IT'LL ALL BE OVER IN NOVEMBER .'Cor.tlnued from page two.) t, c complainants have not at- lease. complainants in the public press. Judge Osborne Judge F. I. Osborne of Charlotte, of counsel for complainants, declared that he would discuss the matter purely from a legal standpoint. For his part he believed this was a good lease. The historic facts are that Judge Purnell appointed a receiver and then came the Judge Purnell's entire course in this matter met his approbation as a lawyer. He claimed that this court now had far TV 3" Tlailrond to tne souinern itau ? exactly the same time, 91 i 4 months. Now I want it .:.,,! that" I myself would regard cf the road to the Southern -n possible disposition of the I have never been employed ,-.. ;! hern, never had a free pass Tut Col. Andrews has done any other man for the de ; ; or the state in the last fifty ;i the road is leased to the , J tV; J. 1113 13 VUG Ul Hit !ies 'prayeJ ioi- .' ; lmrrovement Company -,.".e are some ear marks that 1 no Jurisdiction in this whole matter, it '?- t I had gOne UP tO a higher COUrt, the gen- cl-A .-!..' - I 11.-.-,.-. , ' V. V, .U. A 1- li itn . . , Liriiirii mi ifirr ill uri miiih iikim if liitf.-. f -is lease runs ior. i years ir - - - :7 -V-ths, longer than the life I Whil? this is a good lease still there u- p roration. But there is an-1 ma e better lease and when we go The lease of the North we vvailt jiearu on ua; m,aier. All xne complain ants want is the best possible lease and when we go before the court in Rich mond, which has jurisdiction, we will present a better lease for the court's consideration. Assuming the approval of the How land lease the next question will be that of costs, said Judge Osborne. He argued this point claiming that the complainants stood in the position of creditors who were entitled to their expenses and atorney's fees. Then as Railway then all right, we ( tb amount of costs the statute allows t the Southern is a responsible . 5 Der cent, on larsre amounts. Now the K !i" ' we T"l . -" 1 - it what information have we :ho Ilowland Company? Any speculator can get $105,000 to ;? security when the lease lessee the right to assign the :o .-mother.. Tell us who this :,i "mipany is. , : :r:--r of the railroad allows k1 eiders to lease or dispose of . -r-'ty but the charter does -the lending of money or in speculation. Hence, the y ve no right to lease the At h .e!, partially paid for, and . ear honor to appoint commis-t- sell that hotel property and he proceeds in a trust fund "for ;v:it of the stockholders.., .vvj,-, mentioned numerous ,other ? which his clients claimed as for the refusal of this motion. I. i stated that he had been ot f.--r Mr. Rowland and he wan't 5.y that Mr. Ilowland assured :a that he was practically the sole ,-r.er cf t1:3 stock. Col. Arc" continued: . , ; ? -... not tell me a man worth would put his money in a :t ' mile road for fun when two : trr.rk lines could crush the life of u in two days if they so de- Cci. Argo then pointed out that this roa-3 remained in private hands until these two complainants leveled their p.-.ces. probed the diseased property, lv -.rinded a remedy and then people 'j-can falling over each other to carry ;ut the lease. After this bill was filed lr. I heroic measures taken by these :r. 0 men the lease of the road was Vr:?d and stock has increased from 133 to ?75 a share. Nothing is meant '.0 in any way reflect upon Chas. B. iycock. The governor of North Caro r.a never realized the true condition trail Capt. McP.ee had that complaint V a. In the lht of these facts the aaa-evaon of the complainants is that .hey should be allowed a reasonable r.demrJture. - Mr. Fleming Mr. Woodville Fleming- for J. P. Cuy er of New York addressed the court ind eulogized the course his client jad pursued and the beneficial result he consummated for the state. He re was in violation of Judge Purnell's f reer in that it should have been sub mitted to the court' for approval. uyier was simply contending to protect the interests of the sockhold viewed the history of this famous liti gation. He contended that the lease fr? and the state and in this he had fa-'-e;.!ea. Mr. Fleming read Cuyler's answer to the notice of this motion to dismiss. The answer says that he had no notice of the stockholders meeting at New Bern, er-'terr.ber 1st. and did not authorize he voting of his 37 shares for the lease. T.a conclusion the answer said that the i-p,' sppearing advantageous and ap proved by the court and Cuvler beiner a reasonable compensation for w.-.a as expanses, including attorney's fees, would .agree to a dismissal of the Mr. Firming- argued that the lease nould have been submitted to the four" - raiy re h Judfr-- 1! re it was consummated and course was a violation of 'neii's nnler nnrl Chief Tiistirf Fa.urs sur'ercedeas. Mr. C. M. Busbeo Mr. Chap. M. Busbee. of counsel for t- e railroa,, argued that the only Mowed purpose of the complainants ne a lease of the railroad, I-.".- stock has increased in value to $75 on the $100. has it not? "No, $65, to be exact," said Mr. Pou. "Well, don't you think the lease has benefitted the stockholders any?" ask ed Judge Womack. M-think -the lease a good one," re plied Mr. Pou, "but while I think Judge Womack as attorney for Mrs. Tucker and Judge Purnell through his nunc pro tunc order may claim some credit for the lease it is the height of pre sumption for Cuyler and his attorneys to claim the credit." Judge Osborne argued that Cuyler and Finch really set the machinery in motion which has brought about this lease ' of the road. Now that has in creased the value of stock $30 per share on the 1S.0C0 shares and 5 per cent, of that would be $27,000. Mr. Pou declared that the most as tounding proposition he ever heard of in a court house. "There never was such a case before in the history of the world," declared Judge Osborne. He then reiterated that they would not consent to the withdrawal of the appeal because be hind their client stood a better bidder than How-land and this would be pre sented to the higher court. In conclusion, he declared that if he had spoken too strongly or showed too much emotion he wanted the court to understand that , he felt deeply, for a friend and companion of his boyhood stood under criminal indictment be cause he had sought Justice for himself and others in this honorable court. Ex-Gov. Jarvis' Remarks v Court, reconvened at three 'o'clock, and Governor Jarvis first addressed Judge Purnell. He said he would as sume that all parties had done what they thought was strictly in the bounds of law and propriety. But he must .decline to concur with the idea that the present advantageous dispo sition of the property of the A. & N. C. Railroad was due solely to the present litirrativn. Governor Jarvis said that he proba bly knew more of the history and af fairs of the A. & N. C. Railroad than any man present, and then he dec clared: "I do not believe and never have believed that in a republic like ours states and government should own and run railroads." So convinced was he of that fact that it vras matter of his tory that during the six years of his own administration he had pulled the state out of her connection with rail roads and internal Improvements. The only railroad left under the control of the 'state when he went out of office was this one, and that was left not besause he had not tried to get rid ot it, but because those who had then leased it were unable to fulfill their contract. This he said to . explain why he was so positive in his advice to the gov ernor in regard to the matter of lease. Early in December Governor Ay cock had sent for him and shown him !the Mills-Finlayson proposition, tie strongly advised the governor not to accept it, as there was not sufficient guarantee back of it, and it was al together unfit to be submitted to the stockholders of the road. Then in ringing tones Governor Jarvis declar ed that he it was who had urged the governor to direct the state's proxy to stay away from that Decem ber' meeting, and that was the only thing the governor ought to have done under those conditions. It was right. Then in February,' upon coming to Raleigh to attend supreme court, he had been consulted by Capt. McBee, who r-howed him his proposition to 's to s.- ,:--s the rempdv fnr tho aUocroA Hp. edition of this property. This rvraedy has now been granted. In dis- rLs; the Ultra vfrfs nptc ATV Hiiehpe foAe.I that the company had been 'lease the road, and asked him if he was cted in the disposition under ,m Psmon to act auumc, in the matter. Governor Jarvis had re sponded that it would be impossible, as Tl. i r Or fr. il-.c : p l , i 1 . wir- cAcv-uuun ui luc lease mi ' . . , '-! full conference was had with he wished to Keep nimsen aoiuie., the counsel for Cuyler, Col. Ar- free to advise with the governor since 1 or e of the counsel on the other he had honored him with his confidence , Mr. Pou. and in this conference n the matter. r' l. Aign v-aid go ahead and make the However, he had examined Capt. Mc le?.?e a vl we will not object. Besides, J Bee's proposition,' and had told him that f- t:': s conference a letter was produced' with some changes he believed it would ;!T,R :ir- Fleming of Cuyler's counsel be worthy 'of consideration. For one '"S the advisability of accepting thing ,he did not think there was sum- I cient security put up. ussing the validity of the lease j The next thing he heard was the ap-Hub.-e said pmnhntirnllv that Dlication for a receiver with no appa- !sr Purnell had acted perfectly open-' rent reason. ' nisistentlv in issuins- his nunc as a. stockholder of tne road, ijrOer- Pro raj c oriler -hich was exactly sim-'nor Jarvis stated that he believed that i 'r ic, niH iionor's previous oral state- the present lease was one that would be" ri nt from the bench. I most advantageous to the' stockholders The milk in the cocoanut, said Mr. and to thatsection of the state. f i-:'"- as the effort of the comolain-1 He was glad, said he, that he had ": r to secure compensation for been spared to go to that stockholders' the litigation. At the proper meeting and cast his vote to get that tia- defendant would be hflrd on road out of the hands of the state. -i proposition, for the contention As to Mr. Ilowland, Governor Jarvis ( uyler's suit brought about a spoke of him without undue praise, but v hen Governor Aycock had been simply stated who and what he was. m an advantageous bid for more Judge Osborne had talked in vague ;i year, j3 simply a perversion of and indefinite-terms about some other f o is. proposition to be . submitted in Rich- plying to Mr. "Flr-minea Mr. Busbee mond before the circuit court. He had ihi la Mr. Ji: art it !'-gfd in some pleasantry, declaring waited, but had not heard it, for Judge f Mr. Cuyler should not hold the Osborne to explain what possible bust 's responsible for criticism of the ness the circuit court of the United States had with the leasing of the A. &(, N. C, road. That -was along the line of all those vague rumors printed In the newspapers of bids from New York and other places, but he stood there in a po sition to announce emphatically that the Howland bid was the only proposi tion that ought to have received any consideration at the hands of the gov ernor. In the last analysis, what these gentle men said amounted to this: This court has no jurisdiction to make any order dismissing this case, but if it will make an order giving us $27,000, it will be all right, the suit may be dismissed. Governor Jarvis closed with an ur gent plea for the ending of this litiga tion. What this road needed was "rest and revenue." It had needed this all along, and now was the chance to get Mr. Fleming said that Governor Jar vis had advanced the best argument that could be made for the complain ants, for he had shown that no bid sub mitted before the investigation brought about by the litigation was worthy of consideration. With President Bryan's report, no one would offer enough. Judge Womack Judge Womack, in his argument on the legal phase of the question, said that the complainants were in the posi tion of opposing the very thing they were supposed to want. They had. asked for the appointment of a re ceiver on the ground that a lease could not be obtained. They got their order appointing -the receiver, and the de fendants appealed. Now the road has been leased, one thing the complain ants wanted, and the defendants have offered to withdraw their appeal, which it would seem reasonable to suppose wa another thing the complainants would want. But they actually say no to that proposition and stand in the way of ending the litigation. What is it they want? Cuyler's stock voted for this lease. Did he not ratify it? Then, turning to Mr. Fleming, Judge Womack asked him to state whether or not Mr. Cuyler ratified the action of his proxy in voting for the lease. He pressed the ot5tion, and Mr. Fleming replied that Mr. Cuyler knew nothing of it when it was done. But did he ratify it now? persisted Judge Womack and Mr. Busbee. Mr. Fleming said his client was not responsible for what had been done. "He is not responsible, and yet wants a large allowance for bringing about the lease is that your position?" asked Judge Womack. v. Judge Womack recalled his motion on May 28th for a stay of sixty days so that the property might be leased. Who had opposed his motion? These complainants, who now took all the credit to themselves for this lease. No, they did not want the lease then; they wanted a receiver appointed, and Judge Womack had stood there and begged the court not to appoint a receiver, but to grant a stay of sixty days, in order that the lease might be made. Colonel Argo asked Judge Womack if the nunc pro tunc order was not Just the same as ,the original order that was lost. Judge Womack said it was, but it was not the order he wanted. "But you excepted to it," said Colonel Argo. "I did not," said Judge Womack. "Your co-defendants did," replied Col onel Argo. "Their defense has never been our defense," rejoined Judge Womack. He went on to say then that ho had been admitted in the case merely as an actor, representing the largest private stockholder, for the purpose of making a motion to expedite the lease and get the road out of litigation. Colonel Argo moved that the court investigate the reliability and respon sibility of the lessee, and Mr. Pou ar gued vigorously against this, declaring it to be entirely unnecessary. Colonel Argo insisted that his clients did not oppose the lease, but merely wanted to know who the lessee was. Then for a minute or two Colonel Argo, Mr. Pou, Mr. Fleming, Mr. Bus bee, and even the venerable and digni fied Governor Jarvis had it back and forth on all sorts of "ultra vires" sub jects that had come up in the course of the discussion, which had threatened to go back over the whole evidence as brought out in the "conspiracy" trial. Judge Purnell's Opinion. But Judge Purnell finally stopped it all by saying: "I don't think, gentlemen, the re sponsibility for this lease rests with the court." Then every lawyer listened with all his ears while the judge delivered his oral opinion, which was in effect as follows: The appeal in this case could only be taken from an order appointing a re ceiver, and the case for other purposes remains in this court. The bill is pending here, and the court could pro ceed under the statute to grant any or der it might see proper. The order be ing appealed from, this case is in the circuit court of appeals, and a proposi tion has been tendered by appellant to withdrew the appeal under rule 20 of the circuit court of appeals. The appellant proposes to withdraw the appeal when the court meets. The court repeats, as stated on May 28th, orally, and afterwards incorporat ed in an order, that this court has no power to make a lease. It can forbid one, but can not make one. The court said in reply to Judge Womack, who asked for a writ of supersedeas for six ty daj-s, that the court had no power to prevent the directors from meeting and making a lease. That was an oral in struction construing that order. The (Continued from fifth page.) court meant it then, and did not hesi tate to put it in shape of an order after wards. The making of a lease means more than a mere paper. It meant that the directors and stockholders of the A. & N. C. road might do whatever was necessary to be done to complete the lease. Therefore the court, understand ing what had been done and the intent of it, if the question of contempt had been brought before it, would rule that the parties were pot in contempt In delivering the property. This court hav ing no authority to make a lease, I think the power to Investigate the lease as presented to the court is also lack ing. It must take the lease as having been made in good faith. It must take it that the governor and directors have thoroughly investigated the matter and this court has nothing to do with the responsibility of the lease. The court has heard no objection to the lease. In fact some of the counsel expressly en dorse it and consider the same a good lease, and this court will consider It as the basis of a motion for dismissal made by Mrs. Florence P. Tucker and the'other defendants. The appointment of a receiver is largely a matter within the discretion of the court, and that being so the court controls at all times the receiver. In this phase of the case, the injunc tion not being appealed from, the court will modify the Injunction and enter an order to that effect in accordance with thep revisions as embadled in the nunc pro tunc order of July 27th and continue the injunction as to the acts ultra vires, if the complainants so de sire. The order appointing receivers will be vacated on the appeal being withdrawn, of cou-se the order to be effective on the withdrawal of the appeal. The bill will be retained, with permission to the complainants to amend same a sthey may see fit in this respect, the defend ant to pay costs up to the present time. As to allowances, that matter is not in a condition at the present time for the court to exercise its discretion, and the court therefore declines to consider this question, but reserves Its decision until the litigation "shall be terminated or be in such a condition as to present it to the discretion of the court, and a formal order embodying these rulings will be entered. MISSION AND EVANGE LIST CONFERENCE A series of special mission and evan gelistic services have been arranged to occur in the Tabernacle Baptist church, beginning tomorrow, September 2lst. The pastor, Rev. J. C. Massee, will preach this evening, tomorrow and Fri day evenings. Services commence at 7:45 o'clock. On next Sunday morning and. evening Rev. A. E. Brown of Asheville, assist ant secretary of the home mission board, will preach. On Monday afternoon at 4 o'clock an address will be delivered by Pastor Massee. At 7:45 p. m. Rev. C. W. Duke of Elizabeth City will preach. On Tuesday afternoon at 4 o'clock Rev. Dr.. Bumpas, pastor of Edenton Street Methodist church, will make the ad dress. At night Rev. Mr. Duke will preach. On Wednesday afternoon at 4 o'clock Mr. T. Neil Johnson of this city will spea kand Mr. Duke will preach at 7:45 p. m. Thursday at 4 p. m. Rev. C. J. Thompson, pastor First Baptist church of Durham will speak. At 7:45 p. m. the sermon will be by Mr. Duke. On Friday at 4 p. m. address by Dr. R. T. Vann. Sermon at night by Mr. Duke. On Sunday morning at 11 o'clock Rev. Dr. R. J. Willingham, secretary of the foreign mission board of the Southern Baptist Convention, will preach. The pastor, Rev. J. C. Massee, will preach at night. A cordial Invitation Is extended our people to attend these services. PERSONALS Mr. V. M. Dorsett is in the city from Siler City. Mr. T. J. Cheek was here from Greensboro. Mr. W. W. Robards spent yesterday In Hnnderson. Mr. T. W. Bickett was here last, night from Louisburg. Mr. H. H. Harris, Jr., Is In the city from Franklinton. Mr. E. H. Gibson was in the city from Kernersville. Mr. Stephen W. Isler was a Raleigh visitor from Kinston yesterday. Mr. Jacob Battle was a visitor in the city yesterday from Rocky Mount. Mr. R. N. Hackett of Wilkesboro was a guest at the Yarborough yesterday. Mr. W. M. Brown of Winston-Salem spent yesterday in the city on business. Mr. Baylus Cade was here yesterday from Murphy on professional business. Mr. W. C. Munroe, who was here the last two days as counsel for the A. & N. C. Railroad in the Cuyler suit hear- Supt. Joyner Returns Hon. J. Y. Joyner, state superinten dent of public instruction returned yes terday from Ayden, Pitt county, where he participated in the ceremonies and festivities attendent on the opening of the graded school of that place. The speakers were Supt. Joyner and Congressman Small. Mr. Joyner says Ayden is in one of the very best sec tions of .the state, has about 800 in habitants and has established a splen did local tax district, the rate being thirty and ninety cents. The enroll ment last year was 205 and the aver age attendance 165. Pitt county Mr. Joyner says, is taking a very high position in eastern Carolina educa tional matters, having quite a number of local tax districts and an ever in creasing number of good well designed school houses. New Vocal Instructor Announcement is made that Miss E. Louise Hopkins of Providence, R.. I., has been engaged as teacher of voice culture and singing at the Baptist Uni versity for Women. Miss Hopkins is a certificate pupil of Sig. Delle Sedie of Paris, a pupil of Randegger, of the Royal Academy of London, and of Shakespeare, of Lon don. She is especially interested in voice placing and voice development, and to this work gave especial attention dur ing three years of study in Paris, going twice each week to teach under the eye and direction of the great master of vocal art, Sig. Delle Sedie. mm Mr. John L. Currie of Carthage, for several terms sheriff of Moore county and one term a member of the House from that county, spent yesterday in the city with his two little boys, who were paying their fii 6$ cap ital or tne state. - Cures Kidney and Blad der Diseases in Every Form Rlany People Have Kidney Trouble and Do fJot Know It. HOW TO FIND OUT. It is the function of the kidneys to filter and purify the blood which is constantly passing through them. When the kidneys are out of order the other organs are affected immediately and you may have symptons of heart trouble, stomach and liver trouble, and other ailments, which are all owing to the kidneys being weak and out of order. If you arej sick Foley's Kidney Cure will strengthen and build up the worn out tissues of the kidneys so they will act properly and the symptons of weakness, heart, ' stomach and liver trouble will disappear and you will be restored to perfect health. HOW TO FIND OUT. You can easily determine if your kid neys are out of order by setting aside for 24 hours a bottle of the urine . passed upon arising. If upon examination it is cloudy or milky or has a brick-dust sed iment or small particles float about in it, your kidneys are diseased and Foley's Kidney Cure should be taken at once. Foley's Kidney Cure is pleasant to take and acts directly upon the parts affected and you begin to feel better at once. It corrects slight disorders in a few days and it has cured many obstinate cases after other treatment had failed. Doctors Said He Would Net Live. Peter Frey, of Woodruff, Pa., writes: "After doctoring for two year with the best physicians in Waynesburg, and still getting worse, the doctors advised me if I had any business to attend to I had bet ter attend to it at once, as I could not possibly live another month, as there was no cure for me. Foley's Kidney Cure was recommended to me by a friend, and I immediately sent my son to the store for it and after taking three bottles I be gan to get better and continued to m prove until I was entirely well." Two Sizes, 6O0 and SI.OO. SOLD AND RECOMF.SEMDED BY Take a Kodak With you to the World's Fair. They are admitted free of charge. We can fill your orders for Eastman Kodak Co.'s goods jy return mall. If Interested write for catalogue. W. B. SORRELL, Chapel Hill. N. C, RALEIGH MARBLE WORKS COOPER BROS., Raleigh, N. C. MGNIMENTS Write for catalogue. We pay the freight. If Carolina Trust Company. Capital StocK $100,000 Every accommodation extended to cus tomers consistent with safety and correct banking. - .-..... - --"-ncrf I To Our Depositors and tne Public i We thank you fo: your patronage and desire to say that any interests entrusted to us will be well and faith-' fully cared for. A. J. RUFFIN, President. . LEO D. HEARTT, Vice Pres. H. F. SMITH, Cashier. ' inefon's M Store Headquarters for all kind ART GOODS and SUP PLIES. New students to our various colleges are invited ,0 open their accounts with us, We keep what you want it the lowest prices. J.C. ELLINGTON, K9 RALEIGH, N. C, j. Cartland Mercl ant Tailor. Greensboro, N. C. We lead the State in Style, Fit, Quality and Price. IN FE11ALL AT TUCKER'S STORE RALEIGH, N. C. EXCLUSIVE FALL AND WINTER DOES OUR SHOE DEPARTMENT Is now showing the latest exclusive creations of THE MASTER SHOE-MAKER'S SKILL in FOOTWEAR for men, women and children. We give special attention to Shoes for school children. Our school shoes are strong, sightly and serviceable. Just the thing for boys and girls. We Give Trading Stamps "Good as Gold" DOBBIN FEU ALL WD Ml MEN'S WEAR EXHIBIT ien's Youths' uiotniiE We Requehe pleasure of your presence at our up-to-date display of Exclusive styles in . " " rN n rx a mm nd mn FURNISHINGS, HATS AND SHOES The exhibit is most authoritative and embraces the smartest and most cor rect styles for the new season. If you desire your apparel to be distinctive and original, up-to-date in style, tailoring and fit, by all means see this exhibit To tfv on one of our Suits is the test we ask you to apply to our clothing. It is a fair test to us and a satisfactory one for you. we sell only clothes that. . ' FIT, WEAR AND SAITISFY A Hearty Welcome Awaits You LINEHAN UP-TO-DATE CLOTHIERS AND FURNISHERS, CROSS v! .i I 1
The Morning Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 21, 1904, edition 1
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