The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1907-08-01
AUTHORITIES CLASH.
NORTH CAROLINA AND UNITED
STATES COURTS
THREATEN STAGE OF CONFLICT.
Governor Rejects Peace Offer Of the
GoVernment-Rate Law Situation
Very Serious. :

Asheville, N. c., July 25.-The state
Of North Carolina is now in a practical
position of fiat defiance of federal au'
thority.
Gov. Glenn refused to consider a
peace plan submitted by Assistant At
torney General Sanford, who came
here direct from President Roosevelt
At the same time, Judge Lyon, presid-
ing in Marion, in a term of the supe-
riOr court, instructed the grand jury to
return indictments Immediately against
the Southern railway for violation OF
the rate law.
AS the law has been declared IN
constitutional by United States Cir
cult Judge Pritchard, the action Of
Judge Lyon completely ignores the fed.
eral court, and opens the way for tnat
| overriding of federal authority which
will precipitate the long expected crisis.
1t is conservative to say that the
days developments in the railroad con-
tr0versy bear a more serious aspect
than at any time since the agitation be-
I gan.
The state advocates asserted that
the federal court can not. escape
violation of the federal statute, which
prohibits a federal officer from grant
ing an injunction against state court.
They say that it is too clear now to
1 admit of any question that what Judge
Pritchard has already done amounts
to a violation of the federal statute.
Gov. Glenn famed the flames by as
serting in a public statement that to
have accepted the Sanford peace plan
would have constituted a humiiiatins
surrender to the federal court.
II shall not consider any offer from
the other sfde," he said, until the rail-
road complies with the law"
In other words, the governor insists
that the railroad shall comply with a
law that federal Judge has already
| declared unconstitutional before the
state enters into any peace conference.
Continuing, the governor declared
that the terms laid down by Mr.. San
ford amounted to nothing.
"lf Judge Pritchard had shown the
slightest disposition to recognize the
validity of the rate law" continued the
governor, "and the right of the state
to institute and prosecute cases arising
under it in the criminal courts, would
have been entirely satisfied to allow
prosecutions to be suspended until the
supreme court of the United States
could decide.
81 feel, in the present circumstances,
that | can not for one moment permit
this law of the state, amy more than
any other law, to be ignored and
trampled under foot by the railway
company or any one else"
In this frame of mind, anticipating
the conflict which is coming between
the state and the United States circuit
court, tho state officials have now pre-
pared a plan Of procedure which is
designed to overcome any order by
the United States court forbldding the
enforcement of the railroad rate law,
whose penalty section Judge Pritchard
says is unconstitutional.
This plan simply looks to forcing the
Southern railway into bankruptcy in
the event of the supreme court of the
United States ultimately declaring that
the law is constitutional
It will be recalled that the Southern
secured the decision in the cases OF
Wood and Wilson, who were convicted
in the Asheville, police court on a
charge of charging more than 2A cents
a mile and sentenced to Imprisonment
under the penalty clause ofthe law.