New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-28
SOUTHERN GIVES IN.
WILL ACCEPT n. c. RATE.
President Finley arrested and Re
leased on HabeGs Corpus Writ. y

vHieign y c. July 27-The conflict between
the etara and tha railways over the new state
.atr 1a1, which At time threatened serious
consequences amicably adjusted to- day at
. conference held here between Governor Glenn
snd officials Of the roads
Tht Southern Railway and the Atlantic Coast
Line, through their general counsel and the stock
holders of the Atlantic Coast Line. who had en-
joined that road from putting into effect the
state pa cent rate. through their counsel agreed
70 pat the rate into effect August s, the earli-
81 date on which ii is possible for the roads to
prepare their tariffs and make the changes. An
agreement also was reached 10 proceed in an
orderly way in the courts and to end pending
cases and indictments. the agreement being
practically that suggested by Governor Glenn IN
his telegram 70 Solicitor Mark Brown at Ashe-
Vile.
THE AGREEMENT MADE.
The agreement entered into by the Southern
the Atlantic Coast line and the state is
First-The railroad puts the pa cent rate into
effect NOT later than August &. 1907.
Second-The state 10 appeal from the order Of
Judge Prstchard discherging persons in Ashe-
vile on w-rits of habeas corpus
ThiTd-The Southern Railway TO appeal 10 the
Supreme Court of North Carolina in the Wake
County cases. and if the case is there decided
against II TO take the case by writ OF error 10
The supreme Court Of the United States
Fourth-Thar both sides cooperate To have
both # said cases heard and argued together
and speedily determined
Fifth-The state at its option TO indict the At
lantic Coast Line in one case
SiX1h-All indictments and prosecrtions now.
pending 10 be dismissed and no other jndtct-
menrs or prosecutions TO be instituted for anv
alleged violations of the law up 10 the time the
new IA cent rate is put into effect under this
arrangement, as far as the Governor can control
the same.
Seventh-The Governor 10 advise all people
against bringing any penalty suits pending
determination Of the question involved and TO
ask the people as whole 70 acQuiesce in this
arrangement.
-Eighth-The suit pending before Judge Pritch-
ard 70 be diligently prosecuted without the state
however. waving any question of jurisdiction.
Messrs. Thom and Humphrey. counsel for
the Southern Railway Company. undertake that
the Southern Railway will not begin contempt
proceedings because of anything heretofore
done by any Of the state officers in connection
with the rate litigation. and will do what they
can 70 prevent any such contempt proceedings
This arrangement between the Southern
Railway and Governor Glenn Is also assented
q by George Rountree. attorney for r. Nelson
Buckley and others. Complainants and Alex
sn6er Hamilton. general counsel for the At
lantic Coast Line Railroad Company. except
that they DO not consent that the Atlantic Coast
Line Railroad Company shall be indicted in one
case. but as 70 that leaving the state at liberty
70 10 as lis sense of duty may dictate.
GOVERNOR GLENN'S STATEMENT
Governor Glenn tonight gave ont the follow
ing message 20 the people Of the state:
III is great victory for stale rights against
federal Interference 1t viii teach utility cor
porations that while the state will treat them
fairly IT viii rot tolerate their TRYING TO control
the state.
7 never dehed the federal power, as has been
stated but simply tried 10 carry out the law
as saw 4 under the Constitution" ="
TIE Southern Railway authorities and attor-
reys representing that road and the Atlantic
Coast Lire reached here this morning from
AsLe~lLe and asked n conference with Governor
Glenn FL axed 3:15 o'clock this afternoon for
fha conference. as te desired 20 have his at
torneys present
4 telegram 70 the Governor from his counsel
Ashevi.le stated that President Finley OF the
Southern and Nj Wilson, the city ticket agent
had been arrested on warrants issued by Police
Justice REYNOLDS and thar Judge Pritchard. of
he federal court. had issued writ of habeas
corpus and had Nr Finley taken before him
n reply Governor Glenn asked his counsel. Nc
riraon & Ncrr;mon, if possible 20 continue ev-
errth.ng until MonGay pending the result Of the
conference here.