The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-08-01


test Southern and Atlantic
Coast Line Recognize Authority
of North Carolina and Will Obey
Act of the Legislature.
The railroad rate war has ended
that is the contest between the State
of North Carolina and the Southern
and Atlantic Coast Line growing out
of the refusal of these corporations
to put in operation the "a cent pas
senger rate which became operative
July LIST as provided by act of the
Legislature. The State wins in that
it's sovereign power is recognized and
the law will be obeyed. True, the
case has not been finally settled
that is yet a matter for the courts
but an unnecessary and unfortunate
situation has been relieved-and
there will be no ''clasb between Fed
eral and State authorities about
which there has been some silly talk.
In further elucidation of the whole
matter we quote the following from
the Raleigh Progressive Farmer OF
this week:
This agreement was reached Satur-
day afternoon in the office of the
Governor of North Carolina in a con-
ference between the State authorities
and their attorneys on the one hand
and the attorneys for the Southern
Railway and Atlantic Coast Line on
the other. Governor Glenn adhered
to his declaration that the railroads
must comply with the State law be-
fore anything looking to peaceful
procedure to the Federal Courts
could be considered. Saturday morn
ing President Finley of the Southern
Railway was arrested in Asheville;
he was released on habeas corpus
proceedings before Judge Pritchard.
Other arrests and indictments we're
considered or pending in various
parts of the State. The railroads
finally surrendered upon the main
point they had been resisting, the
sovereignty of the State was ac-
knowledged, and the "a cent rate is
to go into effect after August Sth.
The conflict between the State and
Federal courts had been the subject
of Il number Of conferences during
the week. In different parts OF the
State the courts were indicting other
agents of the railroads for selling
tickets at an illegal rate. The rail
roads had sought to reach an agree
ment by which truce with the
State could be called until the legal
questions involved could be deter
mined by the Supreme Court of the
United States. When such prOpo-
sitiOn was made to Governor Glenn
his answer was that the railroads
must first obey the State law, this
was imperative. He could not and
would not agree to any plan OF pro-
cedure which annuls State statute
by suspending the rate Following
are propositions finally agreed upon
by Governor Glenn and the railroads
as basis of amicable procedure to
the higher courts:
l. The railroads put the ~ cent
rate into effect not later than August
s, 1907.
?. The State to appeal from the
order of Judge Pritchard discharging
parties in Asheville on writ of habeas
corpus
3. The Southern Railway to APP
peal to the Supreme Court of North
Carolina in the Wake county case,
and if the case is there decided against
TO t.,1- h ,f
to the Supreme Court of the United
States.
4. Both sides to cooperate to
have both of said cases advanced and
argued together and speedily deter
mined
s. The State at its option to in
diet the Atlantic Coast Line in one
cas-" 6 AIT other indictments to be
stopped pending final determination
OF the case.
Z. The Governor to advise all
people against bringing any penalty
suits pending final determination of
the questions involved and to ask
the people as whole to acquiesce in
this arrangement.
s. The suit pending before Judge
Pritchard to be diligently prose
cuted, without the State, however,
waving any question of Jurisdiction.
All OF these, except obedience to
the rate law, were practically embod-
led in the original proposals submit
ted by the railroads as tie basis of Il
temporary settlement. Gov. Glenn
declared that as a condition prece-
dent to any negotiations the rail
roads must recognize the law by put
ting the 2A cent rate into immediate
effect and splendidly won his con-
tentiOn.