The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1907-08-01
AUTHORITIES CLASH.
NORTH CAROLINA AND UNITED
STATES COURTS
THREATEN STAGE OF CONFLICT.
Governor Rejects Peace oSer OF the
Government--Rate Law 5't- asion
Very Serious.

Ashevllle, N. c., July 25.-The state
of North Carolina Is now in practical
position of fiat de..dlce OF federal au-
thority.
Gov. Glenn iefdsed TO consider a
peace plan submitted by Assistant At
torney Gtao.ai SANFORD, who came
here direct fl cm Z. ssident Roosevelt.
At the same time, Judge Lyon, presid'
ing in Marion, In a tenn 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 un-
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.
II is conservative to say that the
days developments In the railroad con-
troversy bear q more serious aspect
than at any time since the agitation be-
gan.
The state advocates asserted that
the federal court can not escape a
violation Of the federal statute, which
prohibits a federal oficer from grant
ing an injunction against . state court.
They say that Il 10 too clear now to
admit Of any question that what Judge
Pritchard has already done amounts
to 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 humiliating
surrender to the federal court.
Il shall not consider any offer from
the other side." he said, until the rail-
road complies with the law"
In other words, the governor insistn
that the railroad shall comply with
law that a 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
SllenleSl ulSpOSiDioh W iVNoSihSS eaAO
validity of the rate law" continued the
governor, land the right OF the state
to institute and prosecute cases arising
under It In the criminal courts, l would
have been entirely satisfied to allow
prosecutions to be suspended until the
supreme court of the United States
could decide
~ feel, in the present circumstances,
that can not for one moment permit
this law Of the state, any 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, the state officials have now pre-
pared a plan OF procedure which Is
designed to overcome any order by
the United States court forbidding 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.
II 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 az cents
mile and sentenced to imprisonment
under the penalty clause ofthe law.