The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-23
|pRTYCHAUDFREES R.R AGENTS
\ rrvI iRES PENALTY CLAUSE OF
,ORTH CAROLINA LAW VOID.


=. supreme Court for Decision.
l%svFyuLr. y. C.. July 22.-J. II. Wood,
ats,rict passenger agent Of the Southern
RAILROAD. and Ticket Agent U. c. Wilson,
. Inhcted for ceiling railroad tickets for more
,hon tso and a quarter cents a mile and
..n,enced 20 the chain gang for thirty days
h, Police Justice Reynolds, were released
from custody to-day by United States
C,rcri, Court Judge Pritchard, who de-
dared that the penalty section Of the new
na.senger rate law was unconstitutional.
/, VA. raid TO night that Gov. Glenn will
make no further resistance and has ordered
d. the States counsel to prepare for an appeal
= n The [. S supreme Court.
rbe decision of Judge Pritchard is based
broadly upon Inherent defects in the law
I,salf and ON the failure of the our of
North Carolina to a due. regard to the
orders issued out Of the United States
Circuit Court for the Western District Of
North Carolina.
In attacking the constitutionality OF
fine law Justice Pritchard relies in his o n
cusion on the recent decision Of Judge
Lsconhe in the Consolidated Gas Com-
many case. when Judge Lacombe held that
Inc ormo possibilities of the system
dpenalties established by the law fixing the
rice Of gas at ~ cents per 1000 cubic feet
we're sufi"ient in themselves to invalidate
the law. rs compelling tho company to
obey IL. or incur penalties which would
, mean its financial extinction. In this SON
taction Judge Pritchard writes:
he evidence shows that one case under
All. ,r.,4.t,p Of tha not hal alroady haap
red IN the superior Court of Wake county
AGAINST The complainant as a corporation and
one of us agents AT that place. In that case
tho court imposed a fine Of so, 900 against
tho company and notified the agent that
4 he would stop selling tickets at a price
hat vas authorized by the decree Of this
court the Judge would impose a nominal
punishment. but II he did not the Court would
lot SAY what II would do until IL had received
an answer
in maxim. tins reference I do not wish to
70 UNDERSTOOD A. critiCising the state court.
fr there T. no one in the state for whom
entertain n higher regard than Judge LonE
D Is also shown ny the uncontradicted
Evidence IN this case that at least 1000 tickets
20 sold daily by complainant at its
'q1ous Offices IN the state In is intrastate
business. thereby making il possible for IL
10 he sued 800 times in one day for penal
Tics amounting TO $500 in each instance on
f,cNunt "f itS failure To- comply with the
statute 0Ning passenger rates: Thus II will
bp seen that by an enforcement Of the statute
icment- can be obtained against the rom
rliuant Tor the sum Of 81. 500. 900 for each
Gay.
Judge Pritchard accompanied his decision
with a statement in which he said,
1t will he a sad day for the people OF
North Carolina when its citizens are pro-
hibited by the acts of the Legislature from
asserting any right guaranteed them by
the Constitution Of the United States.
The equal protection Of the law is guar
anteed every citizen of the United States
and ! shall employ all means within the
power Of the court to secure to all persons
who NAV invoke the jurisdiction OF this
eourt such rights to the fullest extent of the
ar."
Continuing he said:
The evidence shows that the Governor
Of North Carolina has issued an address
10 the Judges of the superior courts OF the
State asking them 10 see that indictments
against the agents and employees of the
railroads and their officials be sent before
the Grand Jury in order hat the State may
4UltTldhG Iuc PIObCSullOho ihSA ~ Ch
joined in my order and stating that. as
Chief Executive of the State. he stands
ready to aid them in enforcghe
In accordance with this policy a mum
her Of indictments have been found and
prosecutions begun in defiance Of the order
81 Injunction issued by the United States
Court.
IF these prosecutions are permitted
and continued the result will be to nullify
The injunction which was granted by the
Circuit Court, and to practically defeat
ia jurisdiction.
Not only are the rights OF litigants in
volved. but the dignity and authority OF
the Circuit Court of the United States as
we'll. These prosecutions and arrests, taxi
ing place in widely separated portions OF
he State, present serious difficulties in the
matter. and this court is confronted with
open and avowed opposition by the powers
Of the State.
obstacles are being thrown by the State
tribunals in the way of inquiry by this court
on writs of habeas corpus into the legality
NJ arrests. and this seems to be the dehb-
trate policy OF those representing the State.
IF the criminal prosecutions against the
agents. conductors and employees are per-
mitted to continue the managers Of the rail-
roads cannot successfully operate their
trains. carry the mails or continue their
usefulness in interstate
If the State courts possess the power
TO inlict persons acting under h direction
II the Federal court for III performance Of
a duty enioined upon them in a suit which
may be brought in such court. then the
power Of the circuit courts OF the United
States would be completely paralyzed and
such courts would be rendered unable to
proceed to the determination OF any ques-
ton involving the validity OF h statute
"a State Legislature.
If conflict must come. and ! trust that it
may not, | shall not evade the responsibility
which is imposed upon me as the presiding
officer Of this court"
President Roosevelt. disturbed by the
reports of trouble here. sent Assistant
Attorney General Edward 4. Sanford to
hsheville 20 be present at the proceedings
70 try 10 prevent a clash between the State
and Federal authorities. Mr.. Sanford said
Tonight that he will advise that the case
te taken by the State to the United States
Supreme Court and hat the Department.
on Justice will request the Supreme Court
~ expedite it's progress TO an early de-
0son and that this case and the Southern