The Washington herald., 1907-07-27

Asheville. n. c., July 26.-A renewal OF
hostilities between the State and Federal
courts occurred to-day, when Judge Lyon,
presiding at a term Of the Superior Court
at Marion. N c.. had indicted and
brought before him ticket agents Of the
Southern Railway at that place and Old
Fort. A special locomotive was ordered
out from Marion TO Old Fort TO bring the
ticket agents 10 Marion. The agents were
placed in custody OF the sheriff. and will
be brought to Asheville under a writ OF
habeas corpus from Judge Pritchard, as
in the case Of Wood and Wilson. Other
indictments against agents, and also
against the Southern Railway, are TO fol-
low at once.
Gov Glenn wired to-day to the States
counsel that he means to adhere to the
policy which he announced from the
start, in enforcing the rate law until it is
adjudged to be invalid by a court having
jurisdiction to pronounce such Judgment.
To-days developments at Marion were
not unexpected. as Judge Lyon yesterday
instructed the grand jury to bring in
dictments- Judge Lyon will come to
Asheville on Monday next TO hold a two
weeks term Of the court.
Finley Prepares to Fight.
The day has been devoted in railroad
circles 10 preparing for the impending
conflict President Finley and the other
officials have been engaged in long con-
ferences behind closed doors The rail-
road will enter habeas corpus proceedings
in the case Of the ticket agents arrested
this afternoon. and they will be brought
on TO Asheville for the hearing.
proposition was made to the railroad
tonight by the States counsel, repre-
senting the governor
This was. in effect. that President Fin
ley issue a public address TO the people
OF the State, setting forth that his COM
pany adheres 10 the position taken by IL
in its suit in the Federal court: that the
rate law is unconstitutional and void upon
the ground that its enforcement would
result in bankruptcy of the company. but
that he deems it expedient to announce
10 the public that his company VIII sell
tickets at the rate of , IA cents a mile
from the first day Of August, or from
earlier date. until the first day Of No
vember, or later.
Would Solve Difficulty.
This position by the railroad. the state
says. would yield no right or principle
which it has asserted in its suit and.
at the same time. by selling tickets at 21L
cents it would be strictly within the rate
law OF the State. Thus all indictments.
suits, and penalties would cease. the
cases already disposed Of IN the State
courts would be carried 10 the higher
courts and the rate case could be de
termined in October and put into the
Supreme Court OF the United States for
final adjudication by the 1st of Novem-
Der. This would be happy solution of
the whole difficulty, state counsel say,
and result in injury 10 no one
The indicted ticket agents at Marion
and Old Fort, and the indictments that
are to be made here next week against
the Southern Railway and its agents. will
be tried before a judge and petit jury,
and in eases Of conviction the court viii
pronounce sentence and the prisoners will
be placed in custody of the sheriff of the
county. 1t will then be up TO the railroad
TO apply 70 Judge Pritchard for writs of
hCbeas corpus. This course will be fol-
lowed, 1t is understood. and the prisoners
discharged. The railroad company. OF
course, cannot be put in custody of an
officer, and can only be punishable by
p fine, which the road will doubtless de-
cline 10 pay.
May IndIet FihIey.
It IS believed that during the two
weeks term Of the court Judge Lyon is
expected TO hold here indictments will
De handed in which viii include the
Southern Railway as a defendant II is
also expected that President Finley and
1ther high officials viii be indicted.