Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-22
TIE RAILROADS AND THE
STATES

cetdings brought by J. H.. Wood and o.
G. Wilson in the United States Circuit
Court at Asheville, N. O., 10 secure
their release from the sentence imposed
on them Thursday by the city police
court for violating, as agents of the
Southern, the State rate law was closed
Saturday afternoon, and Judge Priichard
announced that, as he wished to accom-
pany his decision with a written state
ment, he would adjourn court until to-
day.
The entire day was taken up with
arguments by counsel for the petitioners
and State, General Counsel Thorn, of the
Southern, appearing for the former, and
Judge ]. II. Merrimon, of d sheville, for
the latter. Judge Merrimon contended
that no court had ever paralyzed other
courts by preventing them from proceed
ing in criminal cases by suspending a
statute, and he further contended that
the court could not hold that the State
Legislature could fix rates. but could not
provide punishment for failure to OBJ
| serve such rates.
Mr.. Thorn argued TO the effect that
the penal act of the rate law was uucon-
stitutional on its face, and was 80 proven
by evidence, because it allowed such
extraordinary fines that through fear Of
them The rsilroed would be deprived of
the inaliehsble right to resist the law in
the courts, and that as the court had
taken jurisdictio of the rate law in the
case decided June 80, it was legally
bound to protect that Jurisdiction, since
otherwise 1T would be nullity.
President Finley and General Cour-
sci Thorn, of the Southern, have made
no move in the matter of the fne OF
$50, 900 imposed by Judge Long, of the
State court, at Raleigh, against the
Southern.
Gov. Glenn Saturday issued state
ment defining the attitude of the State
ia the prosecutions against the Southern
Railway Company for violating the State
rate act. He says that if the Southern
aud the Atlantic Coast Line will &C.
qniesce 10 the law as the other roads
have, then no further indictments will
be made. But if they persist in selling
tickets at higher rate than 2l-f cents
he will instruct States attorneys to aid
solicitors in prosecuting these railroad
companies until they obey the law, or
until the court of the highest jurisdiction
declares the rate law unconstitutional.
In Asheville Saturday President Finley
of the Southern Railway gave out state
ment bearing upon the railroad cases now
before Judge Pritchard. Mr.. Finley,
after explaining the character of the
cases, declared such have from time to
time been filed in large number of
States and have heretofore progressed in
an orderly way to final determination.
He recites how the public is protected by
the railroads giving coupons to pur-
chasers of tickets covering the differences
between the old and new passenger rate
fixed by the legislature, and the state
ment Is made that the whole case can be
disposed of in q few months.
He further ssys cit would seem to
be perfectly plain that ifan individual or
corporation believed itself to be in danger
of deprivation OF its property by legisla-
ton, it should be allowed the privileges
of having the validity of the legislation
determined in an orderly method. II
ours is to be government Of law and
not of man, then surely no litigant should
be deprived ola fair opportunity of going
into the courts to protect his rights. The
Southern Railway Company is bound to
protect its property, not only in the in
terest OF it's owners and creditors, but
also in the interest of the whole public.
A dispatch from Richmond says the
State OF Virginia will not surrender TO
The railroads of the State. That isprac-
tically certain though no official state
ment has been given out by the officers
authorized to speak.
The Governor has called Tor a confer
ence of the members of the State Corpo-
ration Commission, the Attorney Gen
eral and A. @. Braxton, who is assisting
the Attorney General, to be held in the
Office of the Governor today. There is
belief that at the conference 1t will be
determined to disregard the order and
Injunction of Judge Pritchard and to go
ahead and enforce the order of the COM
mission.
This can be done in various ways. The
commission may proceed to publish the
rates and may cite the railroads to al
pear and show cause why they should
not be dealt with according to law. The
idea is to have the matter brought to a
head without any delay, and the con-
tempt proceedings is believed to be the
shortest way to get at the bottom Of the
difficulty, as in that way the case may
be taken direct to the Supreme Court of
the United States.