Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-28
STATE WINS FIGHT
AGAINST SOUTHERN
Railroads Promise to Obey thu
New Regulations.
GLENN CARRIES HIS POINT
Attorneys Hold Conference and
Capitulate.
ARREST OF PRESIDENT FINLEY
He Was Released on Habeas Corpus
Proceedings Almost Immediately.
Ticket Agent Adrift.

RALEIGH, N c.. July o1.-The state of
North Carolina has won in its fight to have
its passenger rate law of "a cents observed
by all the railroads pending an appeal to
the courts by the roads of the state which
propose to fight the law.
The promise of obedience to the law by
the Southern and the Atlantic Coast Line
railways. which since July 1, the date set
for the rate law to go into effect, have
been violating the law was given this
afternoon at j conference which the rail-
road sought with Gov. Glenn, who had
stated that precedent to any agreement he
might make the "a cent rate must first be
put into effect.
The conference was private one news
paper men being excluded at the request of
the railroad attorneys. After the confer
ence Gov. Glenn stated that at the Begin
ming of the conference the railroad repre-
Sentatves stated that they were ready to
agree to the "a cent rate later to be tested
in the original injunction case before Judge
Pritichard. an appeal if necessary to be
taken by the state to the United States
Supreme Court. while the railroads would
appeal the Wake county case to the North
Carolina supreme court. and if necessary,
take the case on writ of error to the
United States Supreme Court.
Conference Harmonious.
The only trouble in the conference was
a selection of the date at which the two
ne-quartercent rate should become
effective The railroads wanted a longer
time than the state was willing to grant
but finally the Sth of August was agreed
upon. the railroad representatives stated
that it would be impossible sooner to
make the proper arrangements at their
various ticket offices to supply tickets and
to fix the rate
The conference was harmonious
throughout. the state being represented
by Cav. Glenn. State Treasurer Lacy and
the special counsel engaged by the gov
ernor, these being ex-Gov. c. 3. AycOck
and Mr.. +. j. Justice. speaker of the
house of representatives. The railway
representatives We're Alfred P. Thorn of
Washington and Judge Alexander p
Humphrey of Louisville. general counsel
of the Southern railway; Alexander Ham
ilton of Petersburg. Va. general counsel
and George b. Elliott of Wilmington, as
sistant general counsel of the Atlantic
Coast Line. and George Rountree of Will
mington. counsel for r Nelson Buckley
and other stockholders OF the Atlantic
Coast Line who had obtained estraining
orders and an interlocutory order from
Judge Prltchard against the Atlantic Coast
Line putting the two-and-one -orIarter-cent
rate into effect.
Text of Agreement.
The agreement reached at the conference
is:
1 The railroad puts the two-and-one-
quarter-cent rate into effect not later than
August 8. 1907.
= The state to appeal from the order of
Judge Pritchard discharging parties in
Asheville on writs of habeas corpus.
3. The Southern railway appeals to the
supreme court of North Carolina in the
Wake county cases. 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.
T. That both sides cooperate to have
both of said cases advanced and argued to-
gether and speedily determined
) The state at its option to ndict the
Atlantic Coast Line in one case.
8. All indictments and prosecutions now
pending to be dismissed and no other indict
ments prosecutions to be instituted for
any alleged violations of the law up to the
time the new two-and -one-quarter-cent rate
is put into effect under this arrangement as
far as the governor can control the same.
I. The governor advises all people against
bringing any penalty suits pending final de-
termination of the question involved, and
asks the people as whole to acqu.esce in
this arrangement. .
s. The suit pending before Judge Pritch-
ard to be diligently prosecuted without the
state. however, waving any question or
jurisdiction.
(Signed) ALFRED P. THOM.
ALEXANDER 2. HUMPHREY,
Counsel for Southern Railway Company.
R. b. GLENN. Governor.
Messrs Thorn and Humphrey also. as
counsel for the Southern Railway Company
undertake that the Southern railway will
not inaugurate contempt proceedings be-
cause of anything heretofore done by any
of the state officers N connection with TIE
rate litigation. and will do what 1t can to
prevent the inauguration of any such con-
tempt proceedings.
Further Agreement.
This arrangement between the Southern
railway and r. B. Glenn. governor. is also
asseuted to by George Pountree. attorney
for K. Nelson Buckley and others. complain
ants. and Alexander Hamilton. general
counsel for the Atlantic Coast Line Rail-