Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-08-02

utmost the release of the defendants,
promising armed protection to the
state officers, and thus precipitating
direct conflict of authority between the
federal court and the state of North
Carolina.
Judge Pritchard's decision main
tanned that the penalties inflicted un-
der the new statute would close the
doors to judicial hearing and would
amount to a virtual confiscation of the
railroads property. He explains that
he had already, on June 20, enjoined
the state from putting the new rates
| Into effect pending an inquiry as to the
| constitutionality of the law and that
he had protected the rights Of the pub
lie by requiring coupon to be given
to each ticket purchaser showing the
amount to be refunded in the event
the rates should be upheld; hence he
holds that the federal court was not
the aggressor and that 1t would be
incumbent upon him to protect the
| rights of the parties to the controversy
and the authority Of his court by pre-
| serving its jurisdiction. He points out
that II the case had been carried to a
higher state court that court would
not have permitted the execution Of q
sentence based upon the infraction Of
law whose validity was yet to be de-
terlnined by the courts.
Governor Glenn, In statement to
the press, resents the charge Of usur-
patton made by the railroad men and
says that he is simply trying to enforce
the law as the executive officer of the
state, 1t being his duty to see that VIC
lators are punished.
With view to adjusting this con-
fltct of authorities Assistant Attorney
General Sanford was sent by President
Roosevelt to Asheyille to propose a
compromise providing that the 1njunc.
ton suit be brought to final hearing at
once, that the haheas corpus case be
carried at once to the supreme court
by appeal and that all further proceed
ings under the rate law in the state
court be suspended until the supreme
court OF the United States could rem
der final judgment. This proposition
was rejected by Governor Glenn
promptly as involving his surrender to
the federal court. He said he would
| not consider any offer from the other
side until the railroad had complied
with the law and until the federal
courts had recognized the right of the
state to institute suits and to prosecute
them under the existing law He or
dered other prosecutions to be pro-
ceeded with, saying that he would use
every lawful means to enforce the
laws of the state. He holds that the
interference Of Judge Prltchard pre-
vented the state courts from perform
ing their duties and would have tied
the hands of the governor.
Judge pritchard formerly served
eight years In the United States SEN
ate, having been elected on the Re-
pnblican-Populist fusion ticket. At
the end OF his term he was appointed
by President Roosevelt to the supreme
bench of the District Of Columbia and
one year later was elevated to the cir
cult court.
Armenian Murder Conspiracy.
The fatal shooting Of s. Tayshanjian,
wealthy rug merchant, In Union
square, New York, in broad daylight
by an avowed member of secret
revolutionary society to which he had
refused to contribute funds Is only
one of n series of murders done and
threatened by the same order, which
is known in Persia as the Hunchakist
society. The American headquarters
are believed to be in Chicago.
"Lord" harrington Respited.
Governor Folk of Missouri has grant
ed respite OF thirty days to Lord"
Frederick harrington, who was to
have been hanged July %, III order to
consider the petition OF two state SUI
preme judges for communication.
Haywood Disagreement Expected.
|, AS the arguments of counsel for and
arGspst the accused miners leader,