The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-08-02

nor Glenn.
Asheville N. c., July ga parting
shot at the state authorities in the
railroad controversy was fired through
petitions which the Southern and the
Atlantic Coast Line railways filed De-
fore Judge Pritchard, asking that ms
~interlocutory injunction be mod,ned
in accordance with the peace agree
ment reached Saturday at Raleigh te-
tween Governor Glenn and the rail-
roads. Both the roads filed petitions
very similar in tenor which explained
a conference here today between at
torneys representing the two roads.
The petition of the Southern recites
the entire history of the railroad cases
and includes q protest against what the
roads regard as their i'll treatment,
this protest and recital of facts being
designed for perusal of the supreme
court of the United States as well as
for the public.
The railroads declare in effect that
they were dubbed into becoming a
party TO the agreement effected a. Ra-
leigh; that the public mind has been
infiamed by the newspapers and the
u~tteranCeS of politicians and the agree
ment was only aSSented to under Gu
reSS. because of threats Of an extra
I Session OF the legislature for the pur-
pose OF adopting legislation hostile. to
the railroads.
The Southern railway company says
the petitioner was confronted with a
sideration OF it's hen,a ztnycft vbgkQ
question as to whether its proper sense
Of duty TO the peace and good order Of
the state, a proper consideration of its
obligations to perform It's duties as a
common carrier in the state and inter-
state business, and the subjectirg Of
it's employees to arrests and imprison-
ment would justify it in longer claim
ing its constitutional right to the pro-
lection Of the interlOcutOry order au-
thOrizing it to continue, until the hear
ing, its existing rate of passenger
charges Or whether it was not best to
cease the unequal conflict with The
united powers of the state. The south
ern railway does not lose sight, con
thu the petition, of the mOmentous
nature OF the claim asserted by the
state. II the claim Of the state can
be sustained, 1t is pointed out, it means
that, through the agency of it's cum
mai laws. a state can take the use of
property (Which is property without
compensation, for the time between
the enactment Of a statute by its gen
eral assembly and the final determi-
nation OF it's CONSTITUTIONAL If this
claim of the state be upheld, the petit
TONER maintains, a state could fix the
rate at one cent, and if the MA
I were compelled to observe this low
rate, Notwithstanding the fourteenth
amendment fOrbids it, the state has The
out compensation. With reference In
the coercion and Intimidation" en-
ployed to drive the railroad from the
courts. to the extent mentioned, the
petition calls attention to the activity
OF Governor Glenn against the roads.
In fact the petitioner says the govern
or directed the coercive measures.
n request to make changes irdi-
Gated in the petition was granted bv
power to take during the period
the property of the company with
Judge Pritchard who in making the
revised order said:
The applications now made to mod
lily the injunctiOns henceforth granted
III these causes present Il condition Of
affairs unprecedented in he judicial
annals of the country.
After a full and complete hearing
q OF the matters raised by the plead'ngs
IN these causes. injunctiOns. pending
a hearing OF the questions involved in
the original suits, were granted. The
court, IN granting such injunctiOns.
IolloWed the course pursued by the
supreme court of the United States in
the case of Smith VS. Ames, Reagan VS.
FARMERS Loan and Trust Company,
Cottng VS. Kansas Stock Yards C1m-
paHE, ana by the circuit courts Of the
OHited states III numerous other cases.
The effect of the order restraining
me corporation commission Of North
Carolina ct al was to preserve rho
rights OF the parties until the master
TO whom this cause had been refe, rcd
couId nave an opportunity to report
the facts and thereby enable the court
~ correctly determine Wherther the
act IN question is c~Onfscatorv, and in
oIoef 10 protect the travelling public,
the complainants were required to give
ample bond and security To sec,re the
payment into the registry of the court
a sum sufficient to paw the difference
tive the present rate and the pro-
posed rate to those who might in the
meantime purchase tickets.
The defendants could have annoaI-
ed from my order granting a temDor-
airy injunction, but they failed to do SO
Instead of appealing in these cases
they filed an answer, and the causes
We're then and therefore referred to
: a master in order that the evidence
. might be taken. 1t is unjust to say that
the question of state rights is involv-
ed in this controversy. 1t is equally
unjust to insist that what the court
has done in the premises was an in