Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-30
THE RATE MATTER,

@. Pritchard, of the United States Cir-
cult Court, forbi dding the enforcement
Of the 2-cent passenger rate ordered by
the State corporation commission.
Gov. Swanson Is exceedingly FESTIVE
over his helplessness to resist the inter-
ference of the United States courts
against the enforcement of the law as
propounded by the commission. There
has been no surrender on the part OF the
powers of the State, but it is quite well
understood that the corporation commits
ion is the only source through which any
action can be taken.
Were the commission to ignore the
order of Judge Pritchard, which is now
very probable, and enforce the schedule OF
rates as ordered by the members, ii
would probably result in their arrest BY
the Federal court, and thus bring the
matter directly before the court of last
resort, which is what is desired by the
State authorities.
This procedure has already been dis
cussed by the officials, but none will state
exactly what will be done. 1t is the
general belief, however, that the COM
mission will violate the injunction of the
Federal court, and thus court arrest for
the purpose Of bringing matters to q
speedy head.
Neither the governor nor any member
Of the commission would discuss the mat
ter yesterday. Judge Prentis, of the
commission, states in an interview that
be fully indorses the position already
taken by the governor, and that the
com mission will be guided in its actions
by the advice of counsel
Gov. Glenn of North Carolina yester-
day issued letter to the public review
ing the course of events 10 the railroad
rate matter, aud advising that the people
join with the State authorities in giving
full effect 10 the agreement With the rail
roads, signed last saturday.
The governors statement follows:
"The general assembly, at its last Sea-
sion, passed law regulating passenger
rates, the same to go into effect July /.
1907. Before that time the Southern
aud Coast Line railroads, through the
Circuit Court of the United States, en-
Joined the corporation commission and
attorney general from publishing and
putting the fixed rates into effect.
"Not believing that the circuit judge
in an equity suit, By enjoining the
corporation commission and attorney
general, could prevent sell-actiDg la@
from going into effect, 1 commenced to
prepare a letter to the judges and an
address 10 the people when on the 9Th
of July, 1907, the Hon. B. F. Long,
one of the ablest and most conscien.
ton judges in the State, of his own
motion fastened action by boldly and
ably charging the grand jury of Wake
county that it was its duty to Immediately
indict the railroads for violating the
rate law.
cat once l assured Judge Loug of my
hearty approval of his righteous stand
aud my intention to assist him in up
holding the law. Ny letter was forward
ed 10 the other judges and indictments
we're made in Wake and other counties.
Many penalty suits were also commenced
against the railroads by private indi-
viduals.
"The railroads then applied to the
Circuit Court to eniOin all private per-
sons from bringing penalty suits and to
take the persons arrested and convicted
in the State courts from the officers Of
that court by writ of habeas corpus to the
federal court. Believing this was not
warranted by the laws, l resisted in
every legal way, directed the Gtate'S at
torneys to appeal from such action, and
requested the State courts TO continue to
enforce the law.
"This brought about direct conflict
between the State and federal courts, q
matter that regretted, but could not,
under my oath, avoid. At this Jnncture,
Assistant Attorney General Sanford,
representing the Department of Justice
at Washington, came to see me to try and
adjust all differences.
81 told him that under the constitution
/ could not and would not attempt to
annul State law, but if the railroads
would obey the law and let it immedi-
ately go into effect, all minor details
could be adjusted. At his request l put
my ultimatum in writing, and published
it. Nothing was to be done unless the
railroads Immediately recognized the
law.
cater some debate and arrangement
of minor details the railroads accepted
the States proposition, the rate law 10
become effective August 5 a few days
being given TO change tickets, &C., GER
tain cases to be carried to the Supreme
Court for final determination, and in
the meantime the railroads to request
the circuit judge to commence no con-
tempt proceedings, and | to ask the
judges and solicitors to commence no
more indictments, and not prosecute those
on their dockets except the two from
which appeals were taken, and to request
the people not to commence any penalty
suits.
I'm compliance with my agreement,
the law now being fully recognized and
obeyed by the railroads, l do most
earnestly request all judges to stop all new
indictments and to not prosecute those
on the dockets, and also beg the people
to bring no more penalty suits, to the
end that peace and harmony shall again
prevail between the railroads and the
pocple.
"You cannot iDjure railroads without
ipjuring the State. When they obey the
aw thav ara anfitlad IN nrotactiOn The