The Montgomery advertiser., 1907-08-08
Compromise in Sight in Southern Situation. LAWYERS WAIT
 REPLY OF FINLEY Legislature Refuses to Endorse the
 Governor. Two and Half Cent Fare Act Likely te Go Into Effect-Counter Prop osition Wired to Presi-
 dent Finley for
 Approval.

| President Finley of the Southern rail- | way was last night considering the counter proposition that has been formulated by the representatives of the railroad. in reply to the original proposition submitted by Governor Conner. What his decision may be is not known, but in all probability that reply will rest the question of wheth- CT or not there Is to be peace or war between the State and the Southern.
 Colonel E. L. Russell. of Mobile. vice president of the Mobile and Ohio. J. s. B. Thompson. of Atlanta. assistant to the president of the Southern. Alex | P. Humphreys. of Louisville, of the general counsel of the Louisville and Nashville. who arrived In the city yes- terday. and others of the attorneys and representatives of the Southern railway in It's controversy with the State, were in consultation yesterday. and agreed to the terms of the counter proposition that Is to be made by the State.
 This agreement was wired yester- day to President Finley, but no reply has been received approving or disap- proving of the terms of the compro- mise offered, at a late hour last night.
 Not a word as to Che nature of the counter proposition that is to be sub- mitted was given out by the railroad officials yesterday. but 1t was learned l that a number of concessions are made in the agreement, the railroad officials | taking the position that 1t is better to make concessions at this time than to further endanger the situation.
 Among these concessions, 1t is stat ed. is an agreement that the two and half cent passenger fare act is tc be put into effect as soon as the ne cessary tariffs can be prepared, sub Jects of course, as to their perfnanenee to the final determination of the courts as to their constitutionality.
 Meanwhile, the State officials had the center of the stage yesterday, so far as talking is concerned. The rail- road attorneys contented themselvts with the simple, declaration that the time was not ripe for public discuss sion of matters, further than had al- ready been done.
 Conner Talks BeIlicOse. Governor Conner came out in a state ment to the press. in which he makes l a broad intimation that that, if 1t | should become necessary he will not hesitate to enter into an active con- | tlict with the united states court or other Federal authority.
 Every time a ticket is sold for more than two and & half cents a mile," says the Governor, the railroads vio- late the law. and the person selling the ticket commits a mlsdemeanor. It is the duty of every court to so charge the jury. and the duty of every solicit tor to make out case"
 In view of the fact that the two and a half cent passenger fare biII, among others, has been specifically en- joined by United States Judge Thomas G. Jones. the statement is considered quite a remarkable one. The most of the Governors statement. however. is taken up with plea for the justice of the anti-rallroad laws that are in l question.
 An effort was made to have the Leg islAture take a hand in the proceed ings, but it failed Representative Hoffman. of Mobile County, introduced a resolution in the House, setting forth the right and justice of the posi- ton taken by the Legislature. and end- ing with a formal approval of the acts of the Legislature and of the course of Governor Conner in endeavoring to car- " them into effect.
 The resolution was promptly referred to the Rules Committee. whence it was reported again to the floor of the l Huose, subjected to a rather caustic debate, in which some of the recogniz- ed leaders declined to stand for the resolution. and was then referred back | to the Rules Committee.
 ResOIutiOn Dies Easy.
 In the capacious pigeon hoie of that 1 committee. the resolution was stfl | resting at an early hour this morning. when the Houes adjourned sine die. It is not believed that the resolutions were inspired by tho Governor. h. l hot AaA never been known as an ardent Comex advocate during the sessions And | some of those whom the Governor might have influenced, had he desired to do so, were among those found con- testing the resolutions on the floor.
 The interview given out by the Gov ernor attracted considerable attention during he day, among those who knew of It's terms. The statement in full Is as follows:
 "Regarding the removal of the suit from the Circuit Court of Talladega County. the administration understands that the offense was committed against the State laws by the removal of the suit regardless of the motive prompt ing it The laws are made for all alike and to be observed by all and enforced by the administration impartially
 Being questioned to the claim of the attorneys for the railroad that the law under which Secretary Julian had acted did not apply to tho Talladega case. as 1t was filed in court before the passage of the act. tho Governor said:
 "The matter has been referred to our attorneys but no answer has been re- ceived as yet. It is unfortunate that our attorneys are separated at this time. The administration takes 1t that the offense of the Southern Railway was in the transferring of the suits and not in their filing"
 Justiee of the Laws.
 Continuing his general statement. the Governor said:
 The State is willing to meet the