The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-08-02
GOV. GLENN TO THE PUBLIC.
Requests MI Judges 20 Stop New
Indictments and Mol Pros Those
on Dockets-Cannot Injure Rail-
roads Without Iniuring h State
When They Obey the Law They
arc Entitled TO Protection.
Messenger Bureau,



Governor Glenn today issued the fol-
lowing letter to the public, in conIpli-
ance with his statement made last Sat
urday afternoon and the agreement
between himself and the Southern
and Atlantic Coast Line railways:
The general assembly at its last
session passed a law regulating pas
senser fares, the same to go into effect
July 1st, 1907, Before that date the
Southern and the Atlantic Coast Line
railways, through the circuit court OF
the United States, enjoined the cor
poration commission and b attorney
general from publishing and putting
the fixed rates into effect Not be-
lieving that the circuit Judge IN an
equity suit by enjoining n corpora
ton commission and the attorney SEN
eral, could prevent a ~self-acting laN
from going into effect, | commenced
to prepare a letter TO the judges ana
an address TO the people, when on The
Sth of July, 1907, the Honorable IL. +.
Long. one of the ablest and most con-
scientious judges in the state. OF his
own motion fastened action by boldly
and ably charging the grand jury OF
SOuLIlN tI4aI IL "oo 10 NuNs ~
Immediately indict the railroad for VIC
lating the rate law. At once assured
Judge Long of my hearty approval OF
his righteous stand and OF my intrn-
o to assist him in uphOlding the
law. My letter was forwarded to the
other judges and indictments wer"
made in Wake and other counties. Pen
atty suits were also commenced
against the railroads by private Indi-
vidualS. The railroads then applied To
circuit our TO enjoin all persons fICm
bringing penalty suits, and TO take the
persons arrested and convicted in thr
state courts from the officers of THAI
court by writ of habeas corpus to the
federal court. Believing this was not
warranted by the constitution and
laws, | resisted in every legal way. d.
rected the states attorneys to appeal
from such action, and requested the
state court to continue to enforce the
law. This brought about a direct con-
f1ict between the state and fede al
court. a matter that | regretted but
could not, under my oath, avoid. At
this crisis, Assistant Attorney General
Sanford, representing the department
of justice at Washington. came TO see
me to try to adjust all differences. |
told him that under the constitution
| could lot and would nOt attempt TO
annul the state law. but if the railroad
would obey the law and let it immedi-
ately go into effect all minor details
could be adjusted. At his request |
put my ultimatum in writing and pub
lished it. Nothing was to be done I'M
less the railroads Immediately recog-
nlZed the law. After some debate and
arrangement of minor details the rail-
roads accepted the states proposition
the rate law to become effective Nu-
gust 9Th Ga few days being given To
change tickets, etc.), certain cases to
be carried to the supreme court for
final determination, and in the mean
time the railroads to request the cir
cult judge to commence no contempt
proceedings and | to ask the Judges
and solicitors to commence nOmore in
d1ctmentS and mol pros those on their
dockets, except the two from which ap-
peals were taken. and to request the
people not to commence any penalty
suits. In compliance with my agree
ment, the law now being fully recog-
nized and obeyed by the railroad. I
do most earnestly request all judges
to stop all new indictments and to mol
pros those on the docket. and also beg
the people to bring no more penalty
suits to the end that peace and mar
mony shall again prevail between tho
railroads and the people. You cannot
injure the railroads without in1uring
the state. When they obey the law
they are entitled to protection. The
law is now in full force and no one
should therefore, desire to violate The
agreement made between the state and
the railroads, and l confidently ask
and expect that the said agreement
be carried out and be strictly complied
with. The law is supreme. Let al:
obey it,"