The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-20
CLASHO OF COURTS MORE ACUTE
THRE ATS OF ARMED FORCE IN
NORTH CAROLINA ". n. ROW.


RLFIG Oh. n. G.. July is.-The Southern
Railway and Ticket Agent Green were
found guilty this afternoon on an indict.
men, which charged them with exsoting
from purchasers Of railway tickets a rate in
excess Of 2H cents IA mile. the rate pre-
s0ihed in the law passed by the last Lexis-
lature
Judge Long imposed a fine Of sao, 900 on
the railroad and fined Green SIS on his PROM
,se 10 obey the law.
In imposing \sentence on the railroad
Judge Long asserted that the jurisdiction
ofthe State courts to administer the criminal
laws Of the State is exclusive. and that
there can be no interference with the judg-
nent Of the court by the Federal judiciary.
He said that Il the railroad would submit
70 the law and put the reduced rate into
effect The fine would Re RENTED.
Green paid his fine and was released.
Judge Long ordered that an execution he
seued against the railroad for the amount
Of the fine
AsBEvILLF, n. c., July Ia. The danger Of
an immediate clash OF the State and United
States courts over the enforcement OF the
new =. rents a mile pa ssenger fare law a
transferred from Raleigh to Asheville to-
day
The Southern Railways attorneys. fear.
ng that a serious and possibly a bloody
situation might be precipitated il United
states Judge Pritchard attempted to sei1e
Ticket Agent Green from the custody Of
State Judge Long by means Of a writ %
haheas corpus, withdrew their demand
for such a writ, which would have required
The armed force Of the United States to
serve, and allowed Green to be tried and
hned
State Judge Long had taken Green into
his own personal custody and held him in
the court room. 50 that to have seized him
would have required the United States
Marshals to enter a State court and seize
the prisoner by force. In view OF the fact
that Gov. Glenn had declared his intention
to use all the States power to prevent
such a seizure. the seriousness OF the situa-
tcn can be easily understood.
Judge Pritchard arrived here at I o'clock
this morning and issued writs OF habeas
corpus. ordering the Sheriff OF Buncombe
county TO present in his court and show
cause why he is OBTAINING J. H. Wood
and o. c.. Wilson, the Southern Railways
ticket aRcnts here, h were yesterday
convicted in police court Of overcharging
and we're sentenced to thirty days on the
roads, when they refused, on the advice
Of the railway attorneys. to give bond.
nay a fine or appeal. The railway ook
that action to force all railway rate matters
INTO the United States Court.
The whole trouble arises over the passage
by the last Legislature of a law fixing
The passeng ger rate at ~ cents q
mlc. In May, on the application Of the
southern and almost every other railway
in the State. Judge Pritchard directed the
State Corporation Commission to show
cause before him et Asheviile why it should
not I've prevented from enforcing the law.
Al this hearing Judge Prtchard made an
order forbidding tho enforcement OF the
law by the State authorities until he could
determine by evidence to be thereafter
taken whether it was true. as alleged by
the railroads. that the new rate was 30 low
IA to deprive them Of any return on their
property and was therefore oonfiscato ~
and v~iolative Of the Fourteenth Amend
ment to the United States Constitution.
The Injunction made certain state officers
,i-iendants and in general terms restrained
an other persons from bringing the penalty
sIits provided by the law Inc from pro-
c'eding criminally against the railroads.
Al Raleigh last week Superior Court
Judge p. +. Long charged the Grand Jury
that any railway agent who charged
a passenger more than ~ cents a
mile WAS ciminally guilty as provided
10y the rate law. ~Thereupon the
Grand Jury indicted Ticket Agent Green
at Raleigh. who was on Tuesday brought
into court for trial. Wednesday morn
ing, on the application Of Southern Rail-
way attorneys Al counsel for Green,
Judge Pritchard issued a writ OF habeas
corpus directing the Sheriff to bring the
prisoner Green before him. Judge Pritchard
himself went to Raleigh that evening to
enforce the writ.
Gov. Glenn declared that J Judge Pritohard's.
act was ~-highhanded and despotic.' in
that Judge Pritchard had not held the
rate law unconstitutional, but suspended
''s enforcement until he could Determine
this question by evidence. Therefore,
Gov. Glenn commended. he could not pre-
ven, the state courts from proceeding
under a law regularly passed, which Judge
Pritchdrd himself refrsined from deolar-
lnS unconstitutional. Gov. Glenn de-
clar-d that he would use armed force IL
necessary TO prevent the taking OF an
actual prisoner from the State court which
was then trying him.
Judge Long. on hearing OF the writ. took
'he prisoner into his own personal custody
and held him in the court room. .
1t vas asserted when Judge Pritchard
Nt Asheville Wednesday evening that
he would call on President Roosevelt for
me force necessary to apply the writ. but
public sentiment over the State was so
aroused that the railroad backed down
ard conflict was avoided by Judge Pritchard
orierlng the United States Marshal not TO
serve the writ.
On Monday evening Police Justice Rey-
holds Of Asheville issued warrants for the
arrest n J. II. Wood and r. II. Graham.
I"ket agents here. for violating the rate
lAw' Their counsel secured continuance.
W NE meantime getting wtts OF habeas
corpus from Judge P%ritchard. intending
u" make a test case here.