The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-27
CLASH OF COURTS ON AGAIN
NORTH CAROLINA JUDGE ORDERS
WORE n. n. INDICTMENTS.
President Finley and High OnictaIs OF
southern May he Prosecuted -Gsv.
n Threatens to Call Legislature
to Take Away Csmspanys Charter.

southern May he Prosecuted -Hsv.
eruor Threatens to Call Legislature
to Take Away Cs0spany's Charter.
AsHEvnLE. N. c., July 2s.-Hostilities
between the State and Federal courts
we're renewed to-day. when Judge Lyon,
presiding at a term Of the Superior Cou-s
At Marion. had the ticket agents OF the
southern Railway at that place and Old
Fort indicted n brought before him.
A special railway engine was ordered
our from Marion to Old Fort to bring the
ticket agent to Marion. The agents were
placed in custody of the Sheriff and will
he brought to Asheville under a writ OF
habeas corpus from Judge P~ritchard. IN in
The case Of Wood and Wilson.
Other Indictments against agents, also
against the Southern Railway. are to be
made at once.
Gov. Glenn wired to-day to the States
counselthst he means to adhere to the policy
which he announced from the start in en-
forcing the rate law until IL is adjudged
10 be invalid by a court having jurisdiction
TO pronounce such judgment.
To-day's Developments at Marion were
not unexpected. ss Judge Lyon yesterday
instructed the Grand Jury to bring the
Indictments. Judge Lyon comes to Ashe-
vile on next Monday to hold a two weeks
term of court. and Indictments which win
include the Southern Railway ss defendants
will be made. II il also expected that
indictments against President Finley and
other high officials Of the road will be re-
turned at the same time.
To-day has been devoted by the rail-
road people to preparing for the impending
conflict. President Finley and other Of
fcials held q long conference.
A proposition was made to the railroad
attorneys tonight by counsel represent
ing the Governor that President Finley
issue a public address to the people Of
the State setting forth that his company
adheres to the position taken in the suit
in the Federal court. that the rate Law 10
unconstitutional and void on the ground
that its enforcement would result in bank
rupting the company, but that he deems
il expedient to announce to the public
hat his company will sell tickets at the
rate of two and o~ne-quarter cents q mile
from the frst day Of August or from an
earlier date until the first day Of November
or a later date.
This statement by the railroad, the
Governor urged, would yield no right or
principle which il has asserted in it's suit,
but at the same time by selling tickets at
two and a quarter cents IL would be strictly
within the rate Law Of the State. and all
indictments, suits and penalties would
cease; the cases already in the State courts
would be carried to the higher courts and
the rate case could be determined in Octo-
her and put into the Supreme Court Of
first of November.
This would be a happy solution Of the
whole difficulty, the Governor thinks, and
would result in injury to no one.
The indicted ticket agents at Marion and
Old Fort and the indictments that are to
70 made here next week against the South
prn and its agents will be tried before .
Judge and jury. and in casa of conviction
the Court will pronounce sentence and the
prisoners will be placed in custody Of the
Sheriff Of the county. It will then DO up to
The railroad to apply to Judge Pritchard for
final writs Of habeas corpus. This course
will be followed. it is understood. and the
prisoners will be discharged. The railroad
company cannot be put in the custody Of
an officer and can only be punished by a
Hne. In this case, the States counsel con-
tend. there is no way for the Federal court
70 ger rid Of such a judgment, inasmuch AZ It
en- take M action In regard to it without
having the State before IL a. a party; but a
state cannot be sued in the Circuit Court of
The United States.
As the Supreme Court Of the State re-
Gently decided that the Southern Railway
is a North Carolina corporation so far as
Its road from Salisbury to the Tennessee
and Georgia state lines, a distance Of 270
miles, is concerned, and hat IL is within
the power Of the Legislature to repeal
the charter Of the company rs Q North
Carolina corporation, to require IL to wind
up its affairs in the State and to prohibit
II from exercising any rights n it's
franchise from Salisbury westward, Gov.
Glenn has been called on to call a special
session Of the Legislature to repeal tho
Southern Railway charter He to-day re-
affirmed the statement that he will call q
special session OF the L legislature unless the
southern obeys the law and puts the new
rate into effect.
Assistant Attorney General Sanford went
North to-day to confer with President
Roosevelt. |
RALEIGH, July 2o.-Gov. Glenn has re-
oeiyed no reply to his counter proposal
submitted yesterday to the Southern Rail-
wsy through Solicitor Mark Brown at
Asheville.
The Governor has not issued a call for
an extra session of the Legislature and
will not do 80 unless the Southern Railway
'urns down his PROPOSE IL 10 In the pos&-
bllity Of what may be done by tho Legisla-
ture that the strength OF the Governors
posltion consists The opportunities for
harassing the railroad are numberless and
the temper Of the members 10 such that the
most radical measures are likely to find
favor.
While it is believed that the Federal
courts may ultimately stop the prosecution
and punishment Of alleged violstors OF the
rate law in the State courts, there is nothing