The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-21

Court, the public being fully represent cd
in the litigation and also being fully guarded
against any pecuniary loss. II would seem
10 ne perfectly plain that IL the New York
individual corporation believed itself to
he IN danger Of a deprivation OF it's property
bv legislation IL should he allowed the
privilege Of having the validity Of legi sla-
ton determined in an orderly method. and
il would seem to be perfectly fair to the
public that a course Of procedure sho uld
I've taken which would on the one hand
protec the rights OF the person or corpora
ton and on h other amply protect the
public in the event that il should turn out
that tie legislation was valid.
Suits similar to these have been pro-
Ceeded with TO final judgment. and are now
pNlding in a large number Of States in the
Union. In these ~nstances no efforts we're
made by the State authorities to hamper
- interfere with the orderly course Of
judicial procedure. II ours is to be a gov
prD-,ent Of law and moi Of man then surely
go y .igant should he deprived Of a fair OPP
portunity Of going into the courts 10 protect
hp rights.
The Southern Railway Company is
hound to protect It's property. not only in
l' iAAtlNFN VI "t ~
but also IN the interest Of the whole public.
II has a right and a duty to appeal to the
lar for - protection. II is not in the
right or interes; Of the reople Of North
carolina that the ability of the transporta-
tion companies 10 perform the rublic's
service and 10 enlIrge and increase the
Means Of serving passengers End shippers
shall I've destroyed and diminished.
81. &. u,n, 4, l,,,tnn i'm ,arp,a u, a of n ny
person or COZ p~oration ih7t filing a suit
IN co'lrt and asking for an orderly and
iASial determination of the very right
otany m:ttsr in itself n violation or defiance
of law. II Gnapreol 10 y court Of justice ia
a vhlasion Of law then si our courts should
come to an end"
RALEIGH. y. &. July 70. Gov Glenn de-
ola red tonight in an interview that unless
She railroads obey the II ie law there will
I've more prosecution Being asked "a TO
us eIture action. he slid
That de- ENDS on the course pursued
10y the Southern and Coas, Lii c railroads.
II shey will acquiesce in the law, as the
other roads have done. then no further
indictmen = viii be made. hut il they per-
zsl in selling tickets at n higher rate than
-. cents ! vail inst rIct tie States at
'OfneyS 10 d.0 tne sOl'CllOfs IN tenulnR
IN new tills and in prosecuting the same
until those railroads obey The law or the
courts Of highest juris fiction declare the
rate act unconstitutional
AS ! have before state |. ! regret this
conhici. ! want il settled. and if the rail
roads will withdraw their attempted in
junction until the evidence il taken and
the court passes upon the constitutionality
Of the act. in the meantime selling tickets
~ the rate fixed 10y the statue. il will aid
rtem Ia Fastening the hearing Of the case
stopping all indictments and asking all
~citizens % ceuse bringing penalty suits.
IL. however, they refuse to recognize
the law and as n result fines. costs and
cdium attaches TO them. and their agents
who persist in obeying them in defiance
NJ law q TO Jail. they will have no one but
themselves 10 blame. as the State is ready
TO stop when the law is obeyed."
As the result Of the promise given Judge
Long in the State Court by Ticket Agent
Green on Friday evening after the jury
had brought in a verdict Of guilty not to
sell any more tickets at the excess rate
NGrnt Green is out Of his place to-day. 1t
il said that several Southern Railroad
ticket agents are re signing. fearing jai.
~entcnces. IL ia understood that the rail-
roads counsel wished Green to decline to
make the promise. n he had Judge Long
would certainly have remanded him TO Jail.
Green. foreseeing this. declined to he used
further by the railroad.