Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-29
A TRUCE IN THE RATE MATTER.

thO WV ObabC AatC lnWs
time threatened such serious consequent
ces, was smicably adjusted Saturday at
a conference held in Raleigh between
Governor Glenn and officials Of the
roads.
The Southern Railway and the At
lantic Coast Line, through their general
counsel, and the stockholders OF the
Atlantic Coast Line, who had enioined
that road from putting into effect the
State 2i cent rate, through their counsel
agreed TO put the rate into effect on the
Sth of August, the earliest possible the
roads could prepare their tariffs and
make the changes.
An agreement also was reached to
proceed 10 an orderly way 10 the courts
aud to end pending cases and indict-
ments, the agreement being practically
that suggested by Governor Glenn in
his telegram to Solicitor Brown at Ashe-
vile.
The agreement entered into by the
Southern, the Atlantic Coast Line and
the State is:
First-The railroads TO put the 1t
cent rate into effect not later than Au-
gust s, 1907.
Second The State to appeal from the
order of Judge Pritchard discharging
parties in Asheville on writ of habeas
corpus.
Third-The Southern Railway to ap
peal to the Supreme Court of North
Carolina in the Wake county cases, and
if the case is decided against it to take
the case, by writ OF error, to the Supreme
Court of the United States.
Fourth--Thst both sides cooperate
to have both of said cases advanced and
argued together and speedily determined.
Fifth-The State, at its option, to in
dict the Atlantic Coast Line in one case.
Sixth-All indictments and prosecu-
tions nov pending to be dismissed, and
no other indictments or prosecutions to
be instituted for any alleged violations of
the law up to the time the new tao-and
G-quarter-cent rate is put into effect uu-
der this arrangement, as far as the gov
ernor can control the same.
Seventh-The governor TO advise all
people against bringing any penaly suits
pending final determination of the ques-
ton involved, and to ask the people as
n whole to acquiesce in this arrangement.
Eighth-The suit pending before
Judge Prichsrd TO he diligently prose-
cuted without the State, however, waiV-
ing any question of Jurisdiction.
Messrs. Thorn and Humphrey, as
counsel for the Southern Railway Com
pany, undertake that the Southern Rail-
way will not insugurate contempt pro-
ceedings because of anything heretofore
done by any of the State officers in con-
nection with the rate litigation and will
do what they can 70 prevent the inaugu-
ration of any such contempt proceedings.
This arrangement between the South
ern Railway and Governor Glenn is also
asseuted to by George Rountree, attor-
uey for X. Nelson Buckley and others,
complaiuants, and Alexander Hamilton,
general counsel for the Atlantic Coast
Line Railroad Company, except that
they do not consent that the Atlantic
Coast Line Railroad Company shall be
indicted in one case; but, as to thst,
leaving the State at liberty to do as It's
sense of duty may dictate.
Governor Swanson on Saturday, in
discussing the action Virginia proposed
to take 10 connection with the Injunction
issued by Judge Pritchard, restraining
the corporation commission from putting
the Virginia rate law into effect, said:
1.-The corporation commission was
prevented from perfecting the act nee
essary to fixing the rate by the injunc
ton of Judge Pritchard directing them
not to publish their order in the news
papers, as required by the constitution.
Thus, there is no two.cent law In Vir-
ginia today, and none that | can enforce.
If the corporation commission had or
should perfect their order establishing q
two-ceut rate in Virginia all the powers
possessed by me as governor to the full
est and most fearless extent would be
exercised by me for its enforcement and
to compel obedience to the order
by the railroad companies. As the
chief executive of the State, can
do nothing to enforce such law until
it has been completed by the corporation
commission. The order of Judge Prit-
chsrd in the Virginia case is outrageous,
He says the fixing of rate by the cor
poration commission is legislative act.
and yet he restraints this legislative body
in Virginia from doing what is abso-
lutely necessary to complete an act OF
under our constitution. The
corporation commission is paramount
to the general assembly of Virginia in
fixing rates. Thus, Judge Pritchard
had more right to eDjoin the legislature
from passing an act fixing the 2.cent
rate than he hand to enjoin the corpora
ton commission, since the corporation
commission under our constitution is
made paramount TO the legislature.
If Judge Pritchsrd can eDjoin the
commission from per-
forming its duties in fixing a
rate and completing it, he can eujoin
the legislature. If the corporation COM
mission is a court, Judge Pritchard Is
clearly prohibited by federal statute
from issuing a restraining order. If 1t
is a legislative body, as he claims, he
has no right to arrest State
legislative body in one of its necessary
processes of ensctiug laws. When
he tries to do this, he Is as
Stunning authority possessed by no
Federal judge, and his order should not
ha ohavad GFTho r;Chta and dipnity of