The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-24
GLENN REFUSES COMPROMISE
REJECTS PEACE PLAN PROPOSED
ny ROOSEVELT,S AGENT.
southern Railway Asks Judge Prttchsrd TO
Broaden ISIS Injunction so ~ to Cover
All state Prosecuting Onicers - The
Governors New Plan Of Warfare.

ward T., Sanford. who comes here by
order OF President Roosevelt 20 bring
about peace IL possible, held C.
conference tonight with President
Finley Of Southern. General Counsel
A. p. Thorn. General Counsel Alex p.
' Humphrey and special counsel for the
State and presented to them a proposition
looking to a settlement of the points al issue.
After much argument the railway men
we're induced TO agree TO the plan. The
proposal wa wired to Gov. Glenn. who
said he would reply later.
Information from Raleigh 10 to the effect
that Gov. Glenn will not recede from the
position that the United States Court
cannot prevent the enforcement OF the
law by the State courts and that he
will resist TO the utmost by any force neces-
sary any attempt of the United States
Court to enjoin the State courts from doing
their duty as they see il under the law.
The situation Ia now more serious than
at any time.
The Southern Railway to-day prepared a
supplemental bill in it's injunction case
praying for an enlargement of the %enjoin-
ment so as to make il operative directly
upon all prosecuting officers OF the State.
" W uifcCtty upOu inc Obdte courts.
This injunction is ~ prevent all persons
from complaining before Magistrates or
Grand Juries or other officers of the State
charged with administration of crimina
laws Of any violation OF the rate statute.
Gov. Glenn has been guilty OF contempt,
according to the Southern Railway lawyers.
and Judge Pritchard has under considera-
ton whether he will bring before him
Police Judge Reynolds for contempt OF
his original injunction and others in issuing
warrants against the agents Of the railway
company and trying them in his court.
Judge Reynolds was put upon the stand
by Judge Pritchard and was Intercepted
with regard TO his motives. against the
protest Of counsel for the State. In the
course OF this investigation Judge Reynolds
demurred to the questions and was told
by Judge Pritchard that he would not
expect him to answer il he thought the
answers would incriminste him.
The proposed new injunction. il
granted. may produce a violent conflict.
Scores OF Indictments are to be found
against the Southern Railway. Gov. Glenn
ordered the States solicitors to pre- pare
these Indictments.
1t sthe purpose Of Gov. Glenn to continue
the enforcement OF the law. he said to-day.
and the prosecution of Southern Railway
csses.' He says he will use all the means
in his power TO enforce this law until il is
declared to be invalid by a competent
tribunal after a full investigation OF it's
merits. From the judgment rendered by
United States Circuit Judge Pritchard,
discharging the Southern Railway ticket
agents, an appeal will be prosecuted TO the
supreme Court Of the United States. Gov.
Glenn takes exception TO Judge Pritchard's
ruling and deiee his decision. Gov. Glenn's
contention 10:
Upon the hearing Of this writ it was
manifest that the chief question before
the court was whether the ENJOYMENT
granted by Judge Pritchard operated
not only upon the parties 70 hat suit. but
had the effect to suspend the rate law and
to stop the entire machinery OF the criminal
courts OF the State. Evidently the Cir
suit Judge was unwilling to give such
wide effect to the order Of injunction and
felt that some stronger foundations were
necessary.
And while. in his opinion. he dwelt upor
the unusual and extraordinary course
pursued by the courts Of the State in inter-
fering with his order and went to the extent
of deciding that that portion Of the law de-
claring the violation of h rate law a mis-
demeanor was uncopstitutional and there
fore void, in the opinion Of counsel who
represent the State OF North Carolina this
ruling Is absolutely ~groundless unless the
Sotht Nv Neo rHass0 ehhoo btAOttt hot tlldt TN
rate itself az fixed by the statute was I'M
constitutional.
Judge Pritchard. when he granted the
injunction. expressly stated that this part
referred the question to a master in chancey
to take evidence to sustain the allegation
of the bill that the act was unconstitutional
in respect Of the rate fixed. upon the ground
that II would deprive the railroad compan
OF its property without due process of law,
and dQpriva IL alan nf fhA aCnol nrnta,tfAn
OF law. 10 was argued by counsel for the
State that IL would be absurd to hold that
the Legislature had the power to fix the
rate but did not have the power to provide
such penalties as would insure obedience
TO the law.
Counsel for the State also urged upon
the Judge that he had already decided that
the rate law. so far as the fixing Of the
rate was concerned. was not unconstitutional
upon its face; that it required evidence TO
show that IL was unconstitutional and that
IL he now decided that the section providing
penalties which alone gave the law any
effect was void. such a decision would he
to prejudice the case which he had referred
to the standing master.
THE States counse insisted further
that any decision that the Judge might
make in the habeas corpus proceedings,
discharginG the prisoners, would be to
hold that a mere interlocutory injunction
against the North Carolina Railroad and
WI ~ OottttitobhDu dII tuS AttOTn6y-
General had the effect to suspend the whole
law throughout the State and operated
as an injunction against all the people
and all the courts Of the state"
RICHMOND. Va. July 2s.--It is said in
semi-official circles tonight that the State
will probably violate the injunction of the
Federal court by publishing the order
Of the commission. which publication is
inhibited by Judge Pritchard's Injunction.
and follow this up by the arrest of agents
of the railways. thus forcing the issue
into the court Of last resort on contempt
proceedings.
Gov. Swanson to-day said the State
does not propose TO disclose its hand 10 the
railways and their attorneys before it is
ready 70 stril aSit in his intention to strike
first and discus the situation afterward.
OYSTER BAY. July 23.-Prpsident Roosevelt
is fully informed Of the progress of the
fight between the State and Federal au-
thorities in the Southern Railway case, and
Is entirely satisfied with what 10 being done.
This statement was made by Secretary
Loeb this morning when he was asked
what action II any the President intended
to take:
Secretary Loeb added that while the
President had followed closely the course
Of events nNorth Carolina he had referred
the whole matter to the Attorney-G Generals
ofioe when IL was first brought to his atten-