The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1907-08-01
CLUB" WAS USED
By Governor Glenn, Assert
Railroads in Unison.
BACKDOWN is EXPLAINED
Hot Parting Shot is Taken at North
Carolina State Authorities by
Roads Affected in Now
Noted Rate Case.

A parting shot at the North Carolina
state authorities in the railroad con-
troversy was fired through petitions
which the Southern railway and the
Atlantic Coas. Line filed before Judge
Pritchard at Asheville Monday, ask
ing that his interlocutory injunction
be modified in accordance with the
-peace' agreement reached Saturday
at Raleigh between Glenn and the rail-
roads
Both roads filed petitions very SIM
liar in tenor which explained confer
ence held in Asheyille Monday morn
ing between attorneys representing the
two roads. The petition of the South
ern railway recites the entire history
of the railroad cases and includes a
protest against what the roads regard
as their i'll treatment, this protest and
recital of facts being designed for
perusal of the supreme court OF the
limited States as well as for the pub
sic.
The railroads declare, in effect, that
they were >clubbed into becoming a
party to the agreement effected at
Raleigh: that the public mind has been
infiamed by the newspapers ana the
utterances of politicians, and the agree
ment was only assented to under du-
ress. because OF threats OF an extra
session of the legislature for the pur'
pose of adopting legislation hostile to
the railroads.
The Southern Railway company.
savs the petitiou was confronted with
suestion as to whether Its proper
4 sense of duty to the peace and good
order of the state, a proper consioera-
ton of it's obligations to perform us
duties as common carrier IN state
and interstate business, and the sub
Z iecting of it's employees to arrest oAd
Imprisonment would justify it in long
ar claiming its constitutional right to
the protection of the interlocutory oroel
permitting it to continue until the near
5ns of it's existing rate OF passenger
charges, or whether it was not oes'
10 cease the unequal conflict with the
united powers OF the state.
The Southern railway does not lose
3 sight, continues the petition, CT 1he
momentous nature CT the claim assert
ed bv the State. If the claim OF the
s state can be sustained, it is pointed
ont it means that through the agency
of it's, criminal laws a man can take
the use of property (Which is property
without compensation, for the time
oending the enactment of statute oJ
dts general assembly, and the hnal oe
termination of its constitutionality. l.
this claim of the state be upheld, tnS
/ petition maintains, state could IL
& the rate at l cent and If the corpora
tion was compelled to observe this 10"
rate. Notwithstanding the fourteenth
amendment forbids it, the state mas
the power to take, during the perioe
mentioned, the property OF compan!
without compensation.
With reference to the "coerclon ant
intimidation" employed to drive tn'
railroads by courts, as to the eS'en
mentioned, the petition calls attentol
TO the activity of Governor Glenn
against the road.
In fact, the petition says, the gov
ernment directed the coerclVe meas
ures.
: ;. The request to make changes lnoica'
red in the petition was granted D!
Judge Pritchard.