The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-30
SO Declares Jud Pri'tc 'i'E cha AZ
ard in Warm Q piniorl
Given at Asheville
SOUTHERN SAYS y 4,
CLUBBED In TO sIII u
In Effect, This Is Declared thsi :FIEs
Manner in Which the Road s u
K Was Brought Into II the he NJ
Raleigh Agreement.
Legislature Big

eASHEV1IlIE, N. C.,5 d ulYt "
THAN shot at the State authorities In s
the railroad controversy was f1redS
through petitions which the Southern
Railway and Atlantic Coast Line q led
before Judge Pritchard to-day, as sk-a
Ing that his fnterlocutory Injunction
be modified in accordance wit he aA
peace" agreement reached Saturday a
at Raleigh between Governor Glenn 35A
and the railroads. Both the roads
filed petitions very similar In tenor. #
which explained a conference here to-
day between attorneys representing
the two roads. The petition ofsthek&
Southern Railroad recites the entire 9s
history Of the railroad cases, and in-Ssssa
cludes protest against what he
roads regard as their.ill treatment.th thfaSasS
protest and recital OF facts being de-
signed for perusal OF the Supreme gs
Court of the United States, as we'll 8SS9
as for the public n 3S
The railroads declare in effect that
they were clubbed into becoming g. M
party to the agreement effected at Rat 3&i
leigh; that tn, public mind has beeE 8s
innamed l,y the newspapers and th{ sS
utterances of politicians. and t TIL ( $s
agreement was only assented TO 6unde SsS
duress. because of threats Of at; eAtr4 ils3sS
session Of tho Leglsla-ure for the ;nurS
pose of adopting legislation hostildSssS
to the railroads. isSgys SS
SERIOUS QUESTION WHICH i# y sa5sS
SOUTHERN HAD TO 3I,ELIDN Ss
The Southern Railway Company,
says the petitioner was confronted b
with a question as to +whet thnrSs Ass&2
proper sense of duty to the peace and Ss
good order Of the State, a proper con -s5S
sideration of its obligations 10 !. per
form its duties as common y 9 arrier$sg
In the State and interstate G8 b usiness.S nv
and the suhjecting of4lts; employees to ss
arrests and imprisonn en- would ssi Issssg
fifty 1t In longer claim IN 8 It's cons ttlusss
tional rights to he prote lon of LheSa
interlocutory order authorizing Il itSs To VI
continue, until the hearing, lts exi St. st-EsS
ing rate of passenge charges. Or
whether it was not best@3t q cease
the unequal conflict With the 8kunite tediss
powers of the State. tgl 81 lssi
The Southern Railway I'd oest not lose
sight, continues the petition, OF sS the
momentous nature of the claim asserted!
by the state. If the claim OF the State
means that through the agency OF It's
criminal II avs a. State can take The
.use OF property (Which is property
without compensation, for:5 the time
between the enactment OF a aSstatutasss
by its General Assembly and the sfnaI5s
OIL
II this claim Of the State be- upheld dSs
the petitioner maintains, q, State could 4
fix the rate at one cent, and 4 the
company We're compelled to OBJ serve
this low rate, notwi th s tanding the
fourteenth amendment forbfds it.ag thaS
State has the power to take sdurinESthe
period mentioned the operty rot Ii a.
company without compensate ion. With
reference to the Coercion and intimi-Sl
dation" employed to drive the railroad
from the courts. to thsAextent men
toned. the petition calls attentton. to
the activity Of Governor Glenn against
the roads. In fact. the petitioner Ssays.
the Governor directed the cocrciveS
measures. IS Isl s}58f II sasss
CONDITION OF AFFAIRS 3S5.
UNPRECEDENTED,2S SAYS JUDGE.
The request to make changes indi-
Gated In the petition was granted bys
Judge FPritchard. who, n ! n ma ting the
revised order, said I'd 9EsS
THE applications now made to n1od .sgg
ify the injunctions heretofore Eranted
IN these causes present aGcondition%o a ~
aHairs unprecedented in the judicial an
nails of this country. After a full ana
complete hearing Of the matters raised
by the pleadings In these causes. & II, 81
functions, pending he hearing of the !
questions involved in the original s,ii 49,
We're granted. 3ss 'T 5T'$ ma
4e court, IN granting such injunc.M
ton, followed the course Fl pl1rsI, "A -
Supreme Court Of the United stataa q !,
the cases of snyth vs.. Anes. Rearen
vs. Farmers Loan and Trust Co. COT
tin VS.. Kansas Stock Yards Co. ar,,s
Prout vs.. Starr. and by the circnIt5
courts Of the United States In $nunne nero1iss
other cases. s 80 ~
the Corporation Commission q Nn.t = =
Carolina ct al. was II to pre- serve n tbss
rights OF the parties until the ma n an ~,
Whom this cause had been gs ra fer -
could have an opportunity to Srenorfs
the facts. and theraby enable the cn,,,s M
70 correctly determine whether the at
~ ~ .questlon IS contscatory. and 4 d al.
dsr 70 protecr the travelling pubic. m nS
complatnants We're required to give & ~, vs.
pie bond and security to seenrsF b - l.,N.,
payment into the registry of Che co,,,,s
sum sufficient to pay the \ al hi, rs,,s ss u
between he present rat e. and ia 49,
pnsed rare 70 those who might III I ri,.s
meantime purchase tickets. s' ss ss'S s.'s
Tile defendants could haya 4 \, J, .ssS
from my order granting a tenporsr,a, ra;
Injunction, but they failed to tin So iys
| instead OF appealing In thesa Al u Nv.
| they MED an answer, and tha a,,.a :. 81
We're then and therefore referro as' III
master t, IN order that the aytda u
,sh ~, ~ 20 Mksn. lt IS unjust to lsayi
involved In this cont tfoyersy. 's Il, II !!
equally unjust to INSIST TINT =, ~ a gu ,sl
c9urt has done In the pre- No 4 S 4, !. Asss Z "
interference on the part cf 81 \. - W.
eral court With the Stat courts. Il ~ 5.,s.
,, sser' On ttss other hard, there M !.
~ ,ha sta disposit ION on the raft
the Federal court IN proc e.ts,,,
DO equal Justice befwsen I itss9 ssSsss g z IA
Pa ana the defend Al ~ .