The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-26
only BACKD0WNtBY
RAILROADS SCANNOW
WARD OFF CLASH
Governor Glenn Issues a.
Formal JJltimatum
to Litigants.
LEGISLATU WILL
BE CONVENED.
--.---- liza
Executive Thinks This is Now
Inevitable Will Do Moth I
ing Undignihed or Rash, But
WillMaintain States Con- 4.
stitution Conference
Ineffective.
Ineffective.
Special to The Times Dispatch /

f5
Especial to The Times Disp atch.1
RALEIGH, N. c.. July 25.-Governor
Glenn announces that the State has,
after conference with Assistant
United States Acknowledgement SAM
ford regarding the railroad passenger
rate litigation, decided to .accede to
the proposition made by Mr.. Sanford
for securing a speedy settlement OF
the case and averting further clash
between the State and the Federal
courts, except that the State insists
that pending this adjudication per
agreement the 2l-4-cent rate must go
into effect on all roads liable. to IT,
Including the Southern and Atlantic
Coast Line, now claimed to be pro- p'i..s
tected by Injunction from Judge
Pritchard .,5s..
This position Of the State auth ori-
ties has been telegraphed to Judge
Pritchard. the Southern Railway ans
thorities and the Department Of Jus--68
5tice at Washington, and thus the mat
ter stands the answer being expected
tomorrow.
GOVERNOR GLENN MAKES
FINAL, PROPOs1T1ONS
The ultimatum by the Governor itol-
lows:
81 cannot accept Mr.. sanford's propo.
sltion. It annuls the States Htatuts;
by suspendtng the rate, Section ,9.I
Article 1 Of the Constitution OF North
Carolina, provides: AL power OF sus-#
pending laws or the execution OF laws
by any authority without the consent
Of the representatives of the peopie siss
injurious to their rights. and ought
not to be exercised
"1 suggest the following as @ la sis
1f -. fs5
First. Let the railroads put the two
and quarter cent rate into Immediate
effect, pending final Elimination nf
the legal questions involved. 5sl3 ,ssa
Second. The State to- appeal fr.,n1T
the order of Judge Pritchard dfscharg-
ling parties In Asheville on wrl. of
habeas corpus. ,tf 4
Third. Southern Railway to appeai to
I the Supreme Court of North Carolina
| In the Wake county case, ana IL tho.
case Is there decided against l.. D
take the case by writ OF errorsto the
Supreme Court Of the United States.
Fourth. Both sides cooperate 10 have
both the said cases advanced ana ar-
gued together and speedily determined.
Fifth. The State. at Its option, to IN =
dict the Atlantic Coast Line in one
case
sixth, All other indictments to DO
Of the case. 8
Seventh. The Governor to advise all
people against bringing any penalty
suits pending ii final discrimination Of
the question involved. and to ask tbs
people as a whole to acquiesce iii th!sI
arrangement. s.; "a
Eighth. The suit n pending before
Judge ,Pritchard to be diligently prose-
cuted, without the State. floweve.-,
i1-tp ~ ~ :rt{ ton
(signed) "R. B. GLENN.''5
CONFERENCE WITH SANFORD
ACCOMPLISHES LITTLE.
After announcing the counter prop
osition or ultimatum Governor Glenn
gave an interview, In which he said
his conference with Assistant Attor-
lneyGeneral Sanford, after all. prac-st
Itioally amounted to nothing: that sans
ford suggested that the Governor con-
Ifer with the officials of the railroads.
depressing the belief that those ofi-
| him If he desired It. The Governors
reply was that he would be glad to
confer with the railroad officials. but
this would be useless unless the COM
pan!es would agree to put in operation
1.-The 21-4-cent passenger rate pending
the adjudication OF the cases pending
as stipulated in ths8ultimatum. q
The Governor declared that IN the
event. as he expressed 1t, the railroads
refuse the terms offred and still In
refuse the terms offered and still inSl
through the Federal courts. ne would
continue as best he could to enforce
the State law, doing nothing revolu-
tionary himself or out OF the legal
course. and advising no officer to do
so. but simply In legal and digni-
fled way upholding the Constitution
and laws OF the State and the nation
He says he wants no conflict.
WILL ALMOST CERTAINLY
CONVENE LEGISLATURE
The Governor SAID 1t looks now to
himllke an extra session of the Legis-
lature Is Inevitable. so that all mat-8
ters at issue can be placed before that
body to the end that 1t may take
such steps toGcontrol and regulata the
railroads In the State as, in the light
OF the present developments. seem 1ust
and proper. The Governor says he,
does not wish this. but that he gets
! his authority and power through thes
| Legislature. and 1t alone by eminent
domain can control and regulate rails
/ iroads. acting In defiance OF both the
IJlaw and proceedlnga OF legally consti-A
ltuted State courts,
4 BROWNS LETTER