The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-26
GLENN'S R. R. CASE PROPOSAL
- >ISTS THAT SOUTHERN MUST
FIRST ACCEPT RATE Law,
.. wuins Then 20 step All New suits. 10
Expedite Those Thst Have Seen
Brouxh IN TO Abide by Us supreme
COURTS Decision May TAN legislature.

tNN'N'to ahvsV huot HhuNc UCtu
BrouKh, and 10 Abide by 4. y. supreme
courts Decision May CsI Legislature.
RALEIoa. n. G.. July :5.-Aftsr a con-
ference with Gov. Glenn and the Council
If State Assistant Attorney General San
FORD left this afternoon for Ashevilie, where
he will confer with officials OF the Southern
Railway in regard to the situation developed
fore to-day.
After the close OF the conference this
afiernoon Gov. Glenn gave out a state
ment saying that he had rejected the pro-
posal submitted by MIR. Sanford and had
himself made a ounter proposition. the
suhstance Of which was that the railroads
must ~scknowledge the ~ cent law and put
: in effect before other matters can be
consIdered. He will be willing then to
let the Asheville habeas corpus case and
he Raleigh case. in which the Southern
Hallway was fined $50. 900. take their regular
course in the Federal and State courts re-
spectively and to make every effort 10
expedite the final hearing. In that event
he will counsel citizens not to bring penalty
suits against the railroads.
Being asked what he would do In c,se
the railroads refused TO accept the terms
offered the Governor said that there was
nothing left for him TO do under his oath
hut to execute the law az best he could.
lie said that at this crisis of affairs II no
amicable adjustment could be made he
would assemble the Legislature in extra
session and lay the whole situation before
il and let that body take such action as Il
felt lust and right.
significance Of the suggestion that the
legislature he called in extra session lies
N the intimation that il will he called upon
70 deal with questions Of eminent domsin.
This is important in view of the fact that
the North Carolina Railroad, owned by the
state and leased to the Southern Railway,
sthe key to the Southern's system In North
Carolina and between the parts OF its sys-
tenn north and south OF the State.
MIR. Sanford asked the Governor IL he
desired to confer with the railroad authori-
ties. The Governor told him that he would
be glad to meet representatives OF the
roads and discuss all matters OF detail.
But the Governor further said to Mr.. San
ford that 10 would be useless for him to see
the railroad representatives II they ex-
pected him TO annui the act of tho LegIsla-
bbIt' - tndb COuTUS ~ stTlCtly tOTUtuucb
by the Constitution Of North Carolina
The official telegram giving Gov. Glenn's
decision, which was approved by the Coun-
ell Of State. reads az follows:
"RALEroH. July rs, 1907.
Hon. Mark W. Brotrn. Solicitor 18th District,
/AshsriRe, ". c.:
Referring to your telegram OF the 23d.
containing suggestion of Mr.. Sanford as
the basis Of settlement between the State
and railroads. I have to say I cannot accept
Mr.. Sanford's proposition. II annuls the
State statute by s~uspending the rate law.
Section q. Article 1, Of the Constitution Of
North Carolina provides; All power Of
suspending laws. or the execution OF laws.
by any authority without the consent of
the representatives Of the people Is in
furious to their rights'and ought not to
he exercised
Il suggest the following AZ a basis Of
settlement:
"First-Let the railroads put the ~ cent
rate into immediate eject. pending final
determination Of the legal questions in
volved.
"Second-The State to appeal from the
order Of Judge Pritchard disoharEing
Parties In Asheville on writ Of habeas corpus.
"Third-The Southern Railway 70 appeal
70 the Supreme Court OF North Carolina In
the Wake county case, and II the case 10
there decided against it to take the case by
writ Of error to the Supreme Court Of the
United States.
"~Fourth-Both sides to cooperate to have
both OF said cases advanced and argued
together and speedily determined.
"Fifth-The State at It's option 10 indict
the Atlantic coast Inc in one case.
UG.-.I a --A----I
pending final determination Of the CASE.
"Seventh-The Governor TO advise all
reopIe against bringing any penalty suits
ending final determination of tho ques-
ms involved and to ask the people as a
whole to acquiesce in this arrangement.
"Eighth-The suit pending before Judge
Pii:chard to be diligently prosecuted. with
ont the State. however. waving any ques-
tim Of jurisdiction.
Governor OF North Carolina
AsHEvLLE. July 2s.-Assistant United
States Attorney General Sanford. sent here
by Presiden: Roosevelt to try to keep DOWN
= clash betwe cen the State and Federal
authorities, has disapproved OF the supple
mental bill the Southern Railway attorneys
had prepared to personally enjoin all the
solicitors Of the State from bringing suits
against the Southern, and Judge Pritchard
viii not sign the order.
1t is commended hat the acceptance OF
GOV. Glenn's proposition to put Into eject.
lending final discrimination, the az cent
we would mean notification OF Judge
'chard's acts and that this will not be
'ono The Governors proposition has
been telegraphed to Judge Pritchard. to
,Ne southern Railway authorities and to
The department. Of Justice ct Washington.
Another conference Of railway officials
"as held tonight. at which wore President
Finley, vice-Prcsidsnt Andrews. who ar
lIv'f his afternoon. vice-President Ackert, |
G'0cral Counsel HUMPHREYS and Counsel
llom and Hines and others
W<T DEFINE FEDERAL POWER. ,