Daily press. [volume] (Newport News, Va.) 1896-current, 1907-07-26
CONFERENCE RESULT IN NAuGHT
Proposition Submitted by United
States District Attorney Turned
Down by the Govcrnor-WiIlins
That Case Should be Contested, But
In Meantime Roads Must Live Up
To the Law.
tBy Associated press.l

Wy ASSOCl1teu ITeSS.D
RALEIGH, n. c.. July 25.-Nothing
came of the conference between AS
sistant Attorney General Edward r.
Sanford and Governor Glenn, concern
ing n basis OF settlement of the pend
ing railway litigation between the
State and the Southern Railway in
volvng the jurisdiction OF State and
Federal courts. Governor Glen has
issued the statement that il will be
useless for railroads to make an APP
peal that did not provide that the
rate law should be into effect pending
the result of the litigation that if the
railroads r>yhscd his offer the State
would in legal way continue 10 eX-
ecute the law as he sees il. If nee
essary he announced he will call an
extra session of the general assem-
bly, that 1t might act as 1t saw fit
on all matters affecting the pending
litigation alone, by way of eminent
domain, etc. can control and regulate
railroads acting in defiance of both
the law and the proceedings of legal
ly constituted courts. An extra SEES
sion seems inevitable rs n basis of
settlement.
The Governor suggested to Mr.
Sanford the following which he has
wired State Solicitor Brown Mt Ashc-
Vile: .SHthe "a cent rate be put
into effect at once by the railroads
until n final legal settlement. the
State To- "opeal from the order of
Judge Pritchard discharging from
agents in Ashcvile; the Southern
court of North Carolina in the Wake
county case. in which the company
was fined 100000 and If decided
against 1t to go by writ of error to
the Supreme Court of the United
States; each side to cooperate to
have both cases advanced, argued to.
gethcr and speedily determined; the
State at its option to indict the At
lantic Coast Line in one case for VIC
lation of the rate law: all others in
dictmcnts to be stopped pending Il
final determination Of the case. the
Governor to advise all people against
bringing penalty suits pending final
determination. and to ask the people
as n whole to acquiese in these ar
engagements. the injunction suit pend
inb before Judge Pritchard to be del
igently prosecuted without the State
waving any question OF jurisdiction"
Correspondence With the Governor.
ASHEvTLLE. n. c.. July 25.-The
following correspondence between
Governor Glenn and Mark w. Brown,
solicitor for the Fifteenth Judicial
district. regarding the railroad rate
fight. was made public here today:
From Solicitor Brown to Governor
Glenn: Ashevillc, n. c., July 90. 1907.
referring to the passenger rate lit
igation. Hon. Edward r. Sanford. as
sistant attorney general of the United
States. who Is here as a representa-
tive of the Department of Justice.
has made the following suggestion TO
me as representative of the State
and TO counsel representing the
Southern Railway Company in the
interest of harmony and to avoid
conflict between the Federal and
State courts, which accordingly sub
nit for your consideration: That in
view of the two decisions by Judge
Pritchard and Judge Long. which full
ly present the contentious both of
the State and the railway company,
as to The effect OF the injunction in
the railway rate case, an orderly and
speedy determination of the question
Is involved to be obtained in the
following manner: First, that the ap-
peal by the State in the habcas cor
pus case before Judge Pritchard be
prosecuted to the Supreme Court OF
the United States and application be
made to advance the hearing.
Second. that the railway com
pany also take an appeal TO the Su
prcme Court OF North Carolina in the
Wake county case of the state
against the Southern Hallway com
pany In connection with the Cover
nors suggestion in yesterdays inter
view, and II this case goes by writ OF
error to tho Supreme Court of the
United States that like application Il
advance this suit also
""Third. that In the meantime tho
original railway rate case he diligent
" prosecuted on its merits and thai
no other suits or prosecution for pen
alties growing from the statute IN