Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-31

and to enlarge and increase the means or
serving passengers and shippers shall be
destroyed and diminished. 1t is contra
diction in terms to say of any person or
corporation that filing a suit in court and
asking for an orderly and judicial deter
minatiOn of the very right of any matter
is itself violation or defiance of law"
Gov Glenn's Ultimatum.
In speaking of the ultimatum of Gov.
Glenn of North Carolina, providing that
the statutory rate pending the final deter
mination of the case would be put in effect
Mr. Finley referred to the final agreement
by the officials Of the Southern railway
and the state authorities giving the rail-
way officials until August to prepare a
system of railway tariffs to meet the situa-
ton at hand He said: "Our appeal to the
courts resulted in a most serious embroil-
ment of the Southern railway with the
state of North Carolina. 1t is not in the
interest of the company that such a con-
dition Of affairs should arise or continue
and rather than suffer through so serious
difference 1t was better for the company
right.
In the agreement made between the legal
representatives Of the Southern railway
6ov. Gienn and counsel for the state, at
suhe, saturday: July q. at was agreed
permission of the United States circuit
court: which we are to ask, the statutory
rate Is to be put into effect not later than
aaguse .; the state is to appeal from the
oloer OF Judge Pritchard in the habeas
corpus case at Asheville: the company is
70 appeal to the supreme court of North
SRrohna, and then, If necessary, to the
supreme Court of the United States. in
the nalelgh misdemeanOr case; both sides
are to cooperate to have these two cases
advanced and argued together in the United
states Supreme Court and speedily deter
mlned' ali indictments and prosecutions
fn ho
indictments or prosecutions to be instituted
the company to institute no contempt pro-
ceedings for disobedience to the orders of
the United States court for anything here
prevent any such contempt proceedings; the
equity suit which Involves the constitu-
tionallty fixing the passenger. rate to be
diligently prosecuted the state not waving
any question of jurisdiction -
Question Of Jurisdiction.
In discussing the question Of Jurisdiction
Mr.. Finley said:
I'VE have no reason to doubt the juris-
diction of the United States court nor our
clear right to invoke 1t, nor have we any
doubt as to the validity, justice or fairness
OF the fnterlocutory order the protection of
Whlch we have partially surrendered. We
must continue to live in North Carolina
and must endeavor to demean ourselves as
standing for law and order, and even some
times suffer injustice rather than to permit
the quiet and peace of the community-to be
| disturbed on our account. We also owe
much to our employees, to whom has come,
not unnaturally, the fear Of persecution
which. however certainly resulting in dis
charge by habeas corpus. necessarily en-
talis annoyance and sometimes serious
alarm to friends and families We also owe
an important duty to maintain an efficient
public service, which would be impaired by
any demoral1zation Of our employees or any
serious disturbance with the state
!: IN CONCLUSION President Finley said that
his stay in Ashevlle was pleasant as he
says, the climate of the section is especially
lnvlgorating. He expects to leave shortly
Tor Bar Harbor. Me-, where his summer
home is located.