New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-26
GLENN STATES TERMS.
TWO-CENT TICKETS FIRST.
If Roads GiTe In Vii Hurry 4p-
peaIS-Uay CaH Legislature.

ptdtS-4u0y L Utt AtStStdtUIt.
Raleigh, " c.. July 25-Nothiug came from
the conference to-day between Edward T. san
ford, Assistant United States Attorney General
and Governor Glenn concerning a basis Of settle
met of the pending railway rate litigation be-
tween the state and the Southern Railway. in
vOlviug the jurisdiction of state and federal
courts
Governor Glenn emphasized the statement that
IT would be useless for the railroads TO make
any proposition that did not first provide that
the state rate law should go into effect pending
the result of the litigation, and said that If the
railroads refused his offer the state would. in a
perfectly legal way. continue TO execute the law
as he sees it. II necessary. he announced. he
would call extra session of the General As
sembly that 1t might act il saw ht on au
matters affecting the pending litigation. saying
that he got his authority and power through
it. that body alone. by way Of eminent domain.
etc. could control and regulate railroads which
were acting in defiance of both the law and
the proceedings of legally constituted state
courts"
An extra session seems inevitable basis
Of settlement. The Governor suggested to Mr..
Sanford the following proposition, which he has
wired to the State Solicitor at AsheviIe:
That the 214-cent rate be put into effect at
once by the railroads until final legal settle
ment. the state to appeal from the order OF
Judge PritChard disCharging from custody the
Southern Railway ticket agents in Ashevllle;
the Southern Railway TO appeal TO the Supreme
Court of North Carolina in the Wake County
case In which the company fined $4,000.
and II decided against IL TO go by writ OF error
10 the Supreme Court Of the United States; each
side to cooperate 10 have both cases advanced,
argued together and speedily determined; the
state at its option 70 indict the Atlantic Coast
Line in one case for violation of the rate law;
all other indictments 10 be stopped pending a
final determination of the case; the Governor TO
advise all persons against bringing penalty
suits pending final determination and to ask
the people as a whole - aCQutesce in these ar
rangenents the injunction suit pending before
Judge Pritchard be diligently prosecuted
without the state waiving any question OF turts--
diction."
Asbevire. n C. July 25.-The following CORE
spondence between Governor Glenn and Mark
w Brown solicitor for the 10th Judicial
District. regarding the railroad rate fight was
made public here to-day. Solicitor Brown wrote
TO Governor Glenn:
"Asheville. y. C., July g. 1897
Referring to the passenger rate litigation. the
Hon Edward Sanford. Assistant Attorney
General OF the United States who is here as a
representative OF the Department OF Justice, has
made the following suggestion 10 me as repre-
sentative OF the state and to counsel representing
the Southern Railway Company. in the interest
or harmony ana 10 aNOlQ ConlllCI between Ilt
federal and state courts, which 1 accordingly
submit for your consideration. namely:
THAT in view of the two decisions by Judge
Pritchard and Judge Long. which fully present
the contentious both OF the state and the railway
company TO the effect Of the injunction in the
railway rate case an orderly and speedy deter
minatiOn of the questions involved be obtained
IN the following manner:
First. that the appeal by the state in the
habeas corpus case before Judge Pritchard be
rraI rN7a T-7T~z
States and application made TO advance the
hearing
Second. that the railway company also take
appeal to the Supreme Court of North Caro-
lima in the Wake County case of the state
against the Southern Railway Company. in
cordauCe with the Governors suggestion in yes
terday's interview and If this case goes by
writ OF error to the Supreme Court of the
United States. that like application be made 20
advance this suit also
Third that in the mean time the original
railway rate case be diligently proceeded with
on the merits and that no other suits or prose-
cutiOns for penalties growing out OF the statuts
In controversy be instituted by either side pend
ing the determination by the Supreme Courts
OF the question involved
Fourth. this would take up to the Supreme
Court OF the United States the question of the
effect of Judge Pritchard's injunction for final
determination in orderly manner in the
cases one going through the federal and the
other through the state court, and would speed
the final determination OF all questions
Il am advised that Mr.. Sanford has obtained
the assent of the Southern Railway Company
TO this method OF settlement"
The Governors reply TO Solicitor Brown said;
Raleigh. y. c.. July %
Telegram TOO important 10 hastily answer.
Does position include a temporary putting into
effect OF the new rate? Answer this before
act
Solicitor Brown Immediately telegraphed Cow
ernor Glenn
Sanford states that his suggestion did not
include the temporary putting into effect OF the
new rate but contemplates that both parties
would continue the prosecution of the suits
mentioned in my former telegram IN both the
state and federal courts. IN order that their re-
spective rights may be speedily determined by
the Supreme Court OF the United States through
orderly procedure. without conflict between the
state and federal courts. and IN order that the
question of the effect OF Judge Pritchard's in
junction may reach the Supreme Court through
the medium of decisions OF both the state and
federal courts
/ Mr. Sanford will arrive here from Raleigh
early tomorrow 10 hold q meeting with the
railway officials and endeavor TO reach a COM
promise.