The Washington herald., 1907-07-26

Raleigh. n. c.. July 25.-After a con-
ference with Gov Glenn and the council
OF State, Assistant Attorney General
Sanford left Raleigh this afternoon. 1t
is sald he VIII confer with officials of
the Southern Railway in regard to the
situation as developed here to-day.
After the close of the conference this
afternoon Gov. Glenn gave out state
ment saying that he had rejected the pro-
posal submitted by Mr.. Sanford. and had
himself made counter-proposition the
substance Of which was that the rail-
roads must acknowledge the IA cents
law and put it in effect before other mat
tiers can be considered. He viii be will
ing then 70 let the AsheYille habeas cor
pus case and the Raleigh case, in which
the Southern Railway was fined $SO,OOO
take their regular course in the Federal
and State courts respectively. and allow
every effort 10 be made 10 expedite the
final hearing. In that event he VIII coun-
Sci citizens not to bring penalty suits
against the railroads.
Asked what he would do in case the
railroads refused 10 accept the terms
offered, the governor said that there was
nothing lett for him to do under his
oath but to execute the law as best he
could. He said that at this crisis Of
affairs, if no amicable adjustment could
be made. he would assemble the legis-
ature in extra session. lay the whole
situation before it. and let that body
take such action as 1t felt just and right.
Holds Key to Situation.
The significance Of the suggestion that
.the legislature be called In extra session
lies in the intimation that it will be
called upon 10 deal with questions Of
eminent domain. This is important. in
view Of the fact that the North Carolina
Railroad, owned by the state and leased
TO the Southern Railway is the key
TO the Southerns system in North Caro-
hna and between the parts of its sys-
tenn north and south OF the State.
Mr. Sanford azEed the governor if
he desired 10 confer with the railroad
authorities. The governor told him
that he would be glad to meet repre-
sentatives of the roads and discuss all
matters of detail, but he further told
Alr. Sanford that 1t would be useless
for him to see the railway representa-
tives if they expected him 10 annuI
the act OF the legislature. for that
course is strictly forbidden by the con-
stitution of North Carolina in the ar
ticle referred 10 in his telegram to
AIr. Brown.
Quotes state Constitution,
The official telegram giving Gov.
Glenn's decision. which was approved
by the council Of State, reads as fol-
lows and is addressed to Mark ".
Brown. solicitor of the fifteenth dis
trict, al Asheville:
Referring TO your telegram of the
23d containing suggestion of Mr..
Sanford rs the basis of settlement be-
tween the State and railroads, I have
10 say I cannot accept Mr. Sanford's
proposition. It annuls the State statute
by suspending the rate Section 8.
article l, of the Constitution Of North
Carolina. provides: All power Of sus-
pending laws or the execution Of laws.
by any authority without the consent
Of the representatives of the people. is
injurious to their rights and ought not
TO be exercised I suggest the fol-
lowing as a basis of settlement:
First. let the railroads put the 2l.-cent
rate into Immediate effect, pending final
determination Of the legal questions in
volyed
Second, the State to appeal from the
order Of Judge Pritchard diseharging
parties in Asheville on WTits Of habeas
corpus.
Third, the Southern Railway to appeal
20 the Supreme Court Of North Carolina
in the Wake County case, and if the case
is there decided against it. to take the
case by writ of error to the Supreme
Court Of the United States.
Fourth, both sides 10 cooperate TO
have both Of said eases advanced and ar
gued together, and speedily determined.
Would Indict Coast Line.
Fifth, the State, at its option, to in
dict the Atlantic Coast Line in one case.
sixth, al other indictments to be
stopped pending final determination of
the case.
Seventh, the governor to advise all
people against bringing any penalty suits
pending determination OF the questions
involved, and to ask the people as a
whole 10 acquiesce in this arrangement
Eighth. the suit pending before Judge
PritchaTd 10 be diligently prosecuted
without the State, however, waiying any
question Of jurisdiction"