The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-30

prevent a self-scting law from going into
effect. 7 commenced to prepare a letter TO
the Judges and an address TO the people.
when on the sth of July, 1907. the Hon. r. r.
Long, one Of the ablest and most conscien-
tious Judges In the State, Of his own motion
fastened action by boldly and ably charging
the Grand Jury Of Wake county that Il was
It's duty TO Immediately indict the railroads
for violating the rate Law Al once ! assured
Judge Long Of my hearty approval of his
righteous stand and my intention to assist
him in upholding the 'aw.
My letter was forwarded to the other Judges
and indictments were made in Wake and
other counties.
Many penalty suits were also commenced
against the railroads by private individuals.
The railroads then applied to the Circuit
Court to enjoin al private persons from
bringing penalty suits and to take the per-
sons arrested and convicted in the State
courts from the officers Of that court by writ
Of habeas corpus 10 the Federal court.
Relieving this was not warranted nv the
Constitution and laws. | resisted in every
legal way. directed the States attorneys 10
appeal from such action and requested the
state courts to continue 10 enforce the law.
This brought about a direct conflict between
the State and Federal COURTS, a matter that
] regretted, bur could not. under my oath.
avoid. Al this Assistant Attorney-Genera
Sanford, representing the Department Of
Justice at Washington. came TO see me 10 try
and adjust all differences. told him that
under the Constitution | could not and would
not attempt to annul a State law. bub IL the
railroads would obey the law and let il i'm
mediately go into effect all minor details could
be sd justed. A. his request I put my ulti-
mstum in writing and published it. Nothing
was TO be lone unless the railroads imme-
diately recognized the law.
After some debate and arrangement Of
minor details the railroads accepted the
states proposition. the rate law to become
effective August = IA few DAYS being given 10
change tickets. &cD. certain cases to be
carried to the Supreme Court for final determi-
nation. and in the meantime the railroads to
request the Circuit Judge to m no
contempt proceedings. and | 10 ask the
Judges and solicitors TO no more
indictments and not prosecute those on
their dockets except the two from which
appeals were taken, and to request the people
not to any penalty suits.
In compliance with my agreement. the
law now being fully recognized and obeyed
by the railroads. | do most earnestly request
all Judges TO stop all new indictments and TO
not prosecute those on the dockets, and also
beg the people TO bring no more penalty suits.
TO the end that peace and harmony shall
again prevail between the railroads and the
people.
You cannot iniure the railroads without
mi nring the State. When they obey The law
they are entitled to protection. The law is
now in full force. and no one should there
fore desire to violate the agreement made
bet ween the State and The railroads, and I
confidently ask and expect that said agree
mrnt be carried out and be strictly complied
with. The law is supreme; Let all obey II.
r. Il. GLENN. Governor.
The Governor to-day addressed tele-
grams to officers Of the Louisville and
Nashville and the Carolina and North
western asking il they will put the 20
cent rate in effect on August 8.
The Southern Railway has perfected
its appeal from the S3O. 900 fine imposed
in the Wake county Superior Court, giving
a pond for twice the amount Of the fine.