Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-29
APPEAL IS PERFECTED
Southern Will Fight Judge
Longs $50, 900 Fine.
THE NOTICE GIVEN TODAY
Gov. Glenn Issues Letter to the
Public.
WILL UPHOLD THE STATE LAW
Judge Guion at Asheville Warns
Grand Jury That They May Be
Recalled-Railway Charges
WILL UPHOLD THE STATE LAW

Special Dispatch 10 The Star.
RALEIGH. n. c., July 29.-Today is the
last of the ten days allowed the Southern
railway for appealing the $50 900 fine case
imposed by Judge Long In the state su-
perior court here at the recent term of the
superior court Of Wake county.
Formal notice of appeal has been given
Solicitor Jones and the appeal bond per-
fected.
There has never been the remotest prob
ability of the Southern paying the heavy
fine without the protest entered through an
appeal to the supreme court of North Caro-
lima.
Besides. this appeal is now a part, and a
most important part, of the agreement
signed Saturday evening by Gov. Glenn and
the railroad attorneys.
In compliance with that agreement Gov.
Glenn today addressed and gave out to the
press a JOO-word letter Ito the pubic, In
which he makes the request of all good
citizens to refrain from bringing further
suits against any and all railroads on the
penalty clause of the new state rate law
till that law is finally tested In the United
States Supreme Court.
In this letter to the public Gov Glenn
uses this reference to the mediation offered
through the visit of Assistant Attorney
General Sanford Of the Department Of JUS
tice. who he'd the conference here last
Thursday
Il told him that under the Constitution
could not attempt to annul a state law, but
if the railroads would obey the law ana
let II Immediately go into effect all further
details could be adjusted: that nothing was
to be done unless the railroads Immediately
recognized the law. At the request or MI
Sanford put my ultimatum in writing and
delivered it to him.
Letters to Railroads.
Gov. Glenn's letter then states. among
other things, that the railroads accepted
the states proposition. the few days inter-
vening until August being necessary time
allowed to change tickets. etc" He then
says: I'm compliance with the agreement,
the law now being fully recognized and
obeyed by the railroads. do most urgently
request all judges to stop all new indict-
ments and to nolle pros. those already on
the dockets. and l also beg the people to
bring more penalty suits to the end
that peace and harmony shall again pre-
vail between the railroads and the people.
You cannot injure the railroads with
out injuring the state. When they obey
the law they are entitled to protection
Gov. Glenn also sent letters today to the
Carolina and Northwestern and the
branch road of the Louisville and Nash
vile. the roads which have been requir-
ing the old rate, as the Southern and At
lantic Coast Line. informing them form
ally OF the agreement made and asking
the direct question if they intend to now
put the new rate into effect. at least by
August g. And IL not. to notify the gov
ernor. he can take such action as he
thinks right.
Gov. Glenn today accepted an invitation
of the Brooklyn Democratic Club to speak
there August % before an audience guar
anteed not less thai ten thousand"
State rights will probably be his subject.
Warns the Grand Jury.
ASHEvILLE, n. c.. July D.-In the
state superior court today Judge Guion in
formed the grand jury that he had been. ad-
vised that Gov. Glenn and the railroads
had reached an agreement at a conference
at Raleigh on Saturday last. but that If
the railroads failed in any respect to live
up to provisions of this agreement he
would call the jury back for further in
structionS.
This confirmed the report circulated Sat
urday that Judge GuiOn intended to charge
the grand jury to bring in additional in
dictmentS. Attorneys representing the At
lantic Coast Line joined the attorneys for
the Southern here today, and it is said to
be their purpose to file some highly inter-
esting documents coincdent with their re-
quest for a modification Of Judge Pritch-
ards Injunction order, which will be made
pursuant to the peace agreement.
These documents. which were intended
for the ultimate consideration by the Stu
preme Court of the United States, will al
lege that the railroads -refinQuiShed what
they regard as their constitutional rights
under dureSs. because of the hostility Of
Ger ain newspapers the pernicious activity
of certain politicians and resultant demon
alfZation among their men. These dOcu-
ments, it is believed, will be filed today.