The semi-weekly messenger., 1908-01-24

my sworn duty 20 uphold the law
rassed by your honorable body. re-
gardless OF the amount fixed, al
dressed a letter TO all the state ju 'ges
asking them to properly charge III
grand juries and 10 direct the solici-
tors to send bills against the agents
and employees of the railroads, or their
higher officials. thus openly acting in
defiance of law" In that letter I re-
that only enough indict-
ments be made to test the validity OF
the law in all its phases, and not 20
needlessly harass the railroads.
Several railroad agents were indict-
ed, convicted and sentenced, when the
United States court, not waiting for
the defendants TO appeal In the orderly
way TO the higher courts, again inter
fered, and by writ Of habeas corpus
discharged the defendants from the
custody OF the states officers For a
while a conflict between the federal
and state authorities seemed immi-
rent, but GOODNESS on both sides was
exercised, and it was agreed that the
railroads should recognize and obey
the law, pending the test OF it's con-
and that the equity suit,
indictment and habeas corp15 pro-
Ceedings should be prosecuted to a
speedy conclusion. In taking steps to
uphold the law enacted by the general
assembly only one motive actuated me,
mulct the railroads with costs or need
lessly impriscn their agents, simply
to compel them, the creatures, to re-
cogniZe that the state, the creator, was
sovereign and supreme and its laws had
to be obeyed until some competent
court declared that said law was un-
and therefore void.
The equity suit and criminal pro-
ceedings moved very slowly, aGI, a nm
ancial crisis having come upon ,he
country, several efforts were made to
settle all disputes and produce har-
r1ony between the state and the rail-
roads
TERMS OFFERED.
Finally | suggested the following
terms as an equitable adjustment of
the entire matter, subject of course, to
"our approval
The changing Of the fiat intrastate
rate of IA cents per mile to a fiat
intrastate rate Of 2 IL cents pr mile;
fifteen cents to be charged extra for
persons boarding trains without tick
cts when tickets could be obtained i'm
d reasonable time before departure OF
train, and the repeating Of the penalty
and misdemeanOr clauses in the act of
1907; this, however. only to be done
when the railroads operating in. the
state-except those exempted by iaw-
agreed on their part to a reluctiOn of
the present intrastate rate OF and
> IA cents Per mile to a 2 1-2-cent
rate, thus making the interstate and
intrastate rates uniform; also, the rail
roads to issue a mileage book of 1000
miles for heads of firms and employees,
not exceeding five persons, names to be
entered at time CT purchase, said
books to be Interchangeable on all SOL
vent roads and Interstate and intra-
state at 2 cents per mile; also, an in
diviual mileage book Of 1000 miles,
Interstate and intra-
state, for 2 cents per mile; also, a
family mileage book for heads of fam
;lies and dependant members Of family,
names to be entered at time of pur-
chase, intrastate, and not interchange
able, for 2 cents per mile; also, the
ailrOads to pay an amount not eX-
ceeding s17,500 with which to pay the
states costs in the various SUITS.
The railroads agreed to these de-
mands, except the payment OF the
money and the 5O0-miieage book for
two cents. They claimed it was i'm
possible for them to operate with such
a mileage book, as it would practically
put the state on a 2-rent fiat rate, and
that they should not be required to fur
lish a book of 500 miles at as low a
rate as books Of larger mileage. Not
being able therefore, to get this re-
ouction, and seeing some force in their
it was agreed that the fam
hy mileage book should be fixed at
: IA cents per mile and that The rail-
roads would Fay the state Sit 500 to
be applied as the state thought proper.
The usual requirements as to time Oh
redeeming books were to be observed
and enforced. 1t was also agreed that
if, after reasonable time, to-wit
twelve months, it should be ascertained
that the rate thus agreed upon was ex-
ccssive on he one hand or confsca-
tory on the other, upon application, the
corporation commission should have
the power. after a fuli and fair hear
iEg, to raise or lower the rate fixed
subject to an appeal to the courts.
Some seem to object to the require