The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-11-08
Is r. L LEAK?

is there q Leak" was the head |
ing oTcr an article nearly q column
in length on the local page of The
News and Observer OF last Wednes-
day. The article was one of the
most outrageous We have cad in
q long time. 1t was = plain and de-
termined effort TO buidoZc the SUI
preme court of the state in deCid-
ing the case Of indictment o. the
Southern railroad in Wake county
for charging more than two and a
quarter cents a mile for a pasSen-
ger fare. AS our readers remem-
Der the defendant was convicted and
the judge presiding imposed a fine
of thirty thousand dollars. The de-
PENDANT appealed TO the supreme
court which heard the case about
q month ago, but up to this writing
has o decided the case on appeal.
In the last few days news has come
from Raleigh and has been publish
ed in several papers of the state
that the supreme court would over
rule the superior court Judge. How
this n got out We do not know.
1t suffices to state that there is such
a rumor on the streets of Raleigh.
The matter We wish to call attention
to in connection with this rumor is
the effort of The News and Observer
to intimidate the court of last re-
sort in this state into changing it's
opinion if it has formed one in favor
of the defendant. h News and
Observer article is one of the most
outrageous we ever remember having
seer published in a reputable paper.
1t is a direct and positive effort to
influence the court through threat
of condemnation of public sentiment
if it does not declare the law to be
| such and such a way as applied to a
case pending before that court.
While the action of that paper may
not in fact amount to an act of con-
tempt of court it is in reality such
an act, for it is an attempt to in
duce the court to decide in a certain
way through zeal of public cOndcm-
nation if it does not do so. 1t is an
| attempt of a political organ to sway
, the court to it's views in a case pend
ing before hat court. Where could
you find a clearer case of contempt
of that court? From this local ar
ticle we quote the following:
T,I- -: = r1-r l1-z -
the contention made by the Southern
on its appeal to The effect mat the
! section of the rate bill providing a
penalty of $500 to the ndiVldu1l who
would sue for its violation confined
the subsequent criminal section 70 mo
agents alone. That position was urged
with a wealth of technical law and
argument before h supreme court.
but its endorsement at their hands
, would be a refinement of iogic over
justice that would SHOCK The Cense OF
fairness Of the state. III effect IL
would mean that, because The act re-
duCing the rates pT)":Gcd Il remedy
for the individual forced 20 pay more
than h legal rate of travel, the rail-
road would escape pll / -.:inent entire
ly for it's defiance of the state; that,
in it's zeal to protect the travelling pub
| lie the state was careless Of its "
| sC,ereigntv!
Under The cortrop Law. Nhtre one
aids and abets, counsels or procures
the commission IF a mislenleanor. he
is guilty. as a principal nf the act it
self.
If the court SHOULD hold. therefore,
as rumor states that it does hold
the effect wou.I be that the agent OF
a railroad might he put in tall Tor
d~isobeying the law; hat any private
person advising him TO tax that
course might De put IN jail: bat that
the railroad itself-the principal with
oat whose, consent and direction there
Guild be no violation-Go@s free:
Whatever the technical merits OF
such a contention as that thought
full men are not yet ready to believe
thai it will yer be enunciated by a
North Carolina court.
Nevertheless the rumor Is interest
ing-Iet il be hoped, with only such
interest as a TumoI may properly con-
tain. 1t would be undignified, to say
! the least. for the court IL have leak
/ ed" whatever it may have done. n
If il has indeed 'aiready done voted
the time necessary TO be consumed IN
writing long opinions to. explain a
short and simple fact. is time wei
wasted:
But a leak" to a~federal judge
would mark the establishment in the
matter ola certain fictitious Comfy