The Birmingham age-herald., 1912-09-30
STONE REPLIES ID
 GLENN INTERVIEW l.. & N. General Counsel Ex- plains Rate Controversy IN NORTH CAROLINA Thinks Governor Glenn's Incendiary Statement About Federal Injunc-
 tions Will Have Little Effect
 on Law Abiding Citizens
To the Editor of The Age-Heraid:

To the Editor of The Age-Herald:
 My attention has been caled to the interview with ex-Governor Glenn of North Carolina. published in yours of the 22d inst, giving his account of how he undertook to defy the in1unctions issued by the federal court to prevent tho en- forcement of tho 2A cent passenger rate act he had procured tho legislature to pass in that state.
 In this interview he, as is quito natural after a lapse of five years, has fallen Into some errors with respect to the course of the Louisville and Nashville Railroad company in making the following state ments:
 "Finally a compromise was made As result, the railroads put into effect a 2h cent passenger rate and sold nf,ieage books at cents.
 "All railroads save the Louisville and Nashville obeyed provisions of the com promise. So I telegraphed Milton II. Smith, the president. T will give you un- til Thursday night I wired, to say whether or not you will obey the law He wired back. Give me until Friday noon.' At noon Friday he wired me. I will obey. but under protest
 Now. these are the faots
 The Louisville and Nashville had and still has fraction ovsr 13 mfles of rail- road in North Carolina. extending from the Georgia state line to Murphy which were on July 1, 1907. the date the 2il cent passenger rate act in that state was to become effective, and had been for many years operated at loss. So, as other railroad companies operating fin that state had done, the Louisville and Nashville, after applying in vain to the state cor poration commission for relief. brought it's suit against the commission in the federal court and obtained restraining order enjoining the enforcement of such rate so far as it's line was concerned. Afterward, on July %, 1907, Governor Glenn wired President Smith of the Louisville and Nashville that the South ern and Coast Line had agreed to put into effect the statutory rate, to be ef- fectve August 8, and asked if the Louis- ville and Nashville would likewise do so, stating, if it refused, he would take such action as seemed to him right, to which President Smith the next day answered, stating the Louisville and Nashyille's line for the previous fiscal year had been op- erated at a loss and showed a deficit of over s1000, and had the statutory rate been in force 1t would have increased such deficit more than $500, and asked Governor Glenn to intercede with said commission to exempt the Louisville and Nashville from the operation of said rate, which 1t had the power to do under said act On July 31 Governor Glenn wrote President Smith he had laid the matter before said commission, but that body had refused to grant the request for ex- enption. and closed his letter in these words; "On receipt of this please wire mo If you will put rate Into effect pending equity suit (meanng the injunction suit in the federal court), else I will have to arrest and indiet your agents in this state as well as your road."f
 Sent Governor a Telegram
 On August 20, as general counsel. I sent Governor Glenn telegram, stating would wire him thd next day the con clusion reached as to putting in the re- duced rate in North Carolina.
 At conference. which I called and held with the company's attorneys in Ashotille N. C., 1t was determined that the small passenger revenues involved would not justify the Louisville and Nashville in continuing its passenger rate then in ef- feet pending it's injunction suit, thus oc- casioning tho delay and arrest of it's agents. as Governor Glenn had threatened.