The Birmingham age-herald., 1907-07-27
RATE LAW MUDDLE
 STILL UNSETTLED
Conferences Are Being Held
 BetWeeh Counsel
TICKET AGENTS INDICTED
Assistan Attorney General Sanford Leaves Suddenly for Washington or Some Other City-Contentions
 Made by Railway Officials.

Asheville. N. C., July 26.-The return of Assistant Attorney General Stanford from his futile conference with Governor Glenn at Raleigh, a succession of confer ences between the officials of the South crn railway their counsel and counsel foI the state. the indictment and reported ar rest of the Southern railway ticket agents at Marion and Old Fort the hurried de- parture of MT. Sanford from this city, presumably for Washington and a ciam like silence on the part of the railway magnates and counsel are the main feat ures of today's and tonights developments in the railway rate embroglio.
 Specials from Marion this afternoon con firme dthe report that the ticket agents at Old Fort and Marion had been indicted by the grand jury for violation of the new rate law, but up to late hour 1t was stated they had not been arrested. Judge Lyon. who instructed the grand jury of McDowell county to indict the agents, will open the superior court term here next week, and 1t is thought he will instruct the Buncombe county grand jury to the same effect.
 In the event that the Marion and Old Fort ticket agents shall be arrested they will be brought here in habeas corpus proceedings before Judge Pritchard. From an authoritative souce 1t was learned tonight that the course of procedure vii lbe the same as in the case of Ticket Agents Wood and Graham of this city.
 Developments were hourly expected at Marion, where Judge Lyon of the superior court has been holding the grand jury in session for two days with the purpose, 1t is assumed of having ticket agents in- dicted in the event MT. Sanford failed in his peace negotiations. Several superior court judges have ignored the subject of a conflict between the federal and state courts and Judge Fred Moore advised against further indictments of ticket agents but Judge Lyon at Marion ex- pressed himself in the strongest possible terms. He declared that the ticket agents were violating q criminal statute and should be indicted like pig or horse thief" The assumption Is that such e&- plicit instructions will bring results which in turn will bring on more habeas corpus proceedings.
 Officials of the Southern railway here contend that the governors demand that they should put the 2h cent rate into effect at once involves the company s surrender and the surrender by the Unit ed States court of the protection of the interlocutory injunction, which means that the governor of state can control 
 court. and that the governor can dictate to ltigants in the Unied States courts he measure of relief they have the right to apply for, which means a limitation by order of the governor of their con stituticnal rights.
 If is nointed out by officials of the road that if they put into effect the rate and win the case the difference between the old rate and the new rate during the pendency of the case is dead loss and the state has no more right to take away this part of their property than another part of the property. Under the present arrangement of giving coupon if they lose the case, the public is protected, getting the advantage of the low rate through the cashing of coupons.
 lust before being discharged for the term the Forsyth superior court grand fury this afternoon returned present ment against W. c. Bailey. ticket agent for the snutharn railway at Rural Hill.