New-York tribune., 1907-08-02
c. & N. REDUCES RATES
President Gires In to Glenn Pend
ing Decision.

After forcing the Southern Railway and the At
lantc Coast line to put into effect the new pa
cent passenger rate law, Governor Glenn turned
his forces against the Carolina & Northwestern
Railroad a line operating sixty-three miles Of
track In North Carolina The new rate law is to
go into effect on all roads operating more than
sixty miles of service in the state, and the small
margin OF three miles operated by the Carolina &
Northwestern road has given the Governor u
chance to bring his spectacular crusade against
the roads into prominence again. The Governor
formally demanded that the Carolina & North
western comply with the new law and asked
By President W. A Barber IL the test cases now
before the courts would be expedited II his road
would put the rates into effect.
Mr.. Barber stated yesterday that the Governors
reply was accompanied by threats of arrests and
ip6ictments if the new law was not at once com
Piled with by the Carolina & Northwestern In
reply 10 the Governor Mr.. Barber teiegraphed from
New York follows:
Forced by threat Of indictments Of our en-
poyes TO yield our rights. without admitting the
legality your position and wholly IN the interest
OF orderly settlement Of the question and 10
protect employees we Will apply TO the United
States Circuit Court for modification Of tho in
junction. and upon this being granted we VIII put
the 2E rate into effect on August S"
Governor Glenn then telegraphed TO Mr.. Barber
as follows:
You are mistaken. I am simply compelling you
to obey the Law and, If You or your agents violate
it Will indict you Take such course as 70 you
seems best and VIII govern myself accordingly
when seen in his office at No 60 Wall street yes
teriay President Barber at a loss TO explain
He did think that the radical interpre-
taton OF the new state law hy the Governor helped
10 solve the situation without a fair investga-
ton into the facts Il Is asserted that the Governor
proceeded put the law into effect before
giving all parties concerned a chance OF a i3ir
bearing and consideration OF the .ffec's OF 'HS
new Law. Mr.. Barber, who was state Attorney
General for North Carolina under Governor TIL
man and has had much experience in railroad hti-
gatfons in that state said that two issues in
volv.l were. Who interprets the laT? and DOCS
tho new law conGscate any proper1y?' He held
hat he tCSIla "a
The courts were the proper tribunals 10 Interpret
the law. and according 10 MI. Barber the rail
roads following the proper PROCEDURE IN +s'-
ting the courts settle tho question
The books % my road are open for ii1spectloil
said Mr. Barber. and they Will snow thAt We Gun
not carry on business at the - cent rate without
inclrrtng losses and the Standard Trust COMPANY,
which holds mortgage on our n ,,y;,,ng ~ rhe
new rates into effect. as a protection 10 'he"'-
selves" .
ernor Glenn's proposed course against your road:
Mr. Barrier asked -
= wired Governor Gieun last night that We were
going 10 Apply 20 the United States Circuit Court
for a modification Of the injunction we are ufaeF %
row. and when that is granted. w- VIII pu' '''o
q. oent rate into effect on August
Il do not know what the position or theee I'a4H
may be- but far as my road IS Coh,'t'Tu
erect OF the railroad enactTnents OF the last L.
lature OF North Carolina has 30 FtnG. ~, -, ,.+ on
ings as to leave unable TO pay IN" i'''.'7, :
our bonded debt On this ground tne trustees @ y.
our rnortgage against our puiLiiLN IN NJ
rates into operation. and they accordingly e"t an
.t-.o+to, 70 r,rcv.rt US from putting TINS rate
,nto effect This is the injunction w"lcA 'I'N.t'o
I5le7n saws we must ignore get m"dliea '''e'
wise he will indict and our agents
..yJ7,at IS the real issue In this dispute.
"A great deal has been said aooNt u' -
$50 Ttghts There in such issue involved mere
..Tbe real question IS whether the .,o'tloI a. a.
-, -, sbaiI cav what IS the law The railroads
- racorrse in a perfectly orderly way '' -
United States Circuit Court q tlolhai - "!'.-
.ha C,ora,,t,ltion and laws OF the Unlted Stit''
co,nn,jt such question. and we likewise WtIe PR
ceeding IN an orderly manner 10 get decision "
~. tho matter settled by the court Whrh ,r"''i'
Glenn announced what he regarded az tiI' - -
said n should be enforced by crl:hndI l'l
,.r,. ,ba course the railroads took the oId FiIts
,,.o,Iid h.. observed pending the determination o'
/ 49,, I,,ga+ion Rut the course instituted by Gov
orro- Glenn cornpeIs the railroads TO put th7 r.
ducad rates effect irrespective OF 1t - -.
orders and II the passenger rate "a" - a. I'm
bal1 Unconstitutional ! have no doubt II VIII pe
r. ~aiIroade must lose the dineTenc" between lHe
ala and new rates pending the decision ana nav
| no redress and method OF recovering me i'S7,
80 Tho now rates into effect pending the hnaI
-. d.cteon 10 avoid the general demoTallzatloh
90 tho road and the working force which Wouih en-
sue from repeated indictments ana peil~iilles ~ W. W."
which hts road Threatened i ne olt H"t t"'"
rIv Immediately with the new id" ne i1' ''i'.
ia THO action " decided by MS rpi'
m aid an orderly decision Of the question HiNoiVe"
.F, doing this" said MI Barber, we DO not SUI -
-anda- auv Of our rights; we do not give up any .
+,,r, ercept the loss Of the difference IN the "Id
- ,,a,, r,tes which we will have to incur be
,,aar now and the final decision so lar as am
conca-nad I am confident that the United States
Circuit Court is proceeding IN II 'horo"s"'S PiOl'
way" .
90 1r7pe Prtchard, asking him to modify the IN
junction obtained by the Standard Trust company
so that his road could put the new ralIr"ad rates
into effect Immediately