The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-12-10

Wife Decide. That the Previous
Penalty Ia Il Recovered BY the In
diyidual Charged an Illegal Kate
P,rs Corporations Indictment. state
Court holds With superior Courr
judge That Pritchari Had No Juri~-
diction to E1join Criminal Proceed
ines and That the Southcrn's suit IL
in Violation Of the Eicsenth Amend
ment "a a suit Against the state.
~ decision r the four justices u
the supreme Court fled yesterday at
ternoon. thief Justice CLARK dissent
ing. the southern Railway was relieved
& * the 100000 nue imposed upon II
list July by Judge Benjamin Franklin
Long. after its conviction by a Wake
counts jury OF a violation Of the pas
senger rate bin eIacted by the last
General Assembly.
IN the leading opinion. which -
filed by Justice Walker. il IL held that
the fact that the act contains a sec
tion providing FOR a penalty Of $500
10 be forfeited by the railroad Nio-
latinR the provisions of the act by
VI ClldI hll1k a i4IGAltI rat iidiA btAt ~
~nounced BY the LegisIature.-to be re
coyerable by each individual required
To DAY such excess rate who VIII sue
for the Same-relieyeS the railroad
from the effcC: OF a subsequent declara-
ton OF the act whereby any agent u
the railroad selling tickets at q greater
) than the prescribed rate Is guilty OF a
misdemeanor to be punishable by fine
and imprisonment.
In plain terms the decision OF the
court amounts to this. that the indI-
vidual charged more than two = a
quarter cents is entitled to sue and re-
cover the penalty OF $500; that the
:, agent of the railroad selling the ticker
at the Illegal rate may be indicted
fined or imprisoned. or both-but that
the railroad may not De indicted ltS
liability being limited to the penalty
; of $500 made recoverable by suit Of
any person agSrieVcd.
Reduced still further to ordinary
: terms. the court upholds all Of Judge
| Longs decisions except as to the In
!, ing OF the southern Railway upon in
II Gictment. It is held that its agents
who raay sell. order or advise the sell
ing of tickets at more than the pre-
I scribcd rates are indictable and sub
iect to i'm prisonment from the Pres
ident down. but that the. corporation
!. itself is not indictable and liable only
to the civil. or quasi-ccfminal. pen
: atty denounced BY the act as above
stated.
Specifically the court holds that tbs
: defense urged by the southern Rail
( Wa that the state WAS barred from
f criminal proceedings BY virt1e Of the
injunction against the Corporation
Commission ana the Attorney Genera
from proceeding to enforce he law Is
unterable III accordance Vito me gen
eral rule of judicature to the effect
that a Federal court NAV not cnloir
, a criminal proceeding IN ) state court
except in exceptional ccsee far re-
: moved from the one in 'ssue:
| And. by a strcnGly expressed dictum,
that the suit III eGuits before -'11uee
I Pritcnard seeking to enioir Z ~se.f-tE-
l eCuting act was, in eifeo., a sult @ainS'
9 TIE state and. as such, Violate - -
Ele1antr Amendment to the Consti-
: tuition of the Unitcl states
In addition to these points. the
+! court takes occasion to decide tia
Judge Long was justified in the meas
Z Gre aiken tH him under the clrcun-
' stances. in compelnng the defendant
: railway to enter upon the trial
l II IS cf interest, in noting the above
to consider that The Ne.ss AMI OBJ
serve" printed so long as six week
ago a rumor which tod in Substantial
detail the facts as they apDear in tGt
I decision rendered. with the judge
named who would concur and tht
/. Chief Justice named as the only dis
a. SGntIT from Ihe o1lilIDI ms 1 ia
by a direct line from 2 Federal judge
: VINO stated it to a friend, not as his
!. opinion. but as a fact. The question o.
: whether there was q leak, or wnetne'
J this Judge was guessing, or WIZ leak
Sd. is. in the light Of the consonanct
a. the opinion with the rurnor. of sur
saesirg interest - the opinion itself
! which was in terms what everybcl,
Interested in the case had been led Z
= expect
Judge longs Coarse Justified
: n beginning his opinion, Ju g
Walker says:
= This is in one respect a case of su
= preTne Importance y involves tn
right Of the state to enforce its Grim
inaI laws without Interference by tn
National Government or its courts. /
She defendant is right in its conte1:tiol
the authority or separate sovereignt.
5 Of the state is a myth and not. as "
: had supposed. a reality. We rad takei
7 It TO be settled without leaving room
: for caVil or controversy that a Fed
{ e-al court could not stay the arm Of
Y sovereign in the execution of its Grim
y inal laws. If any exception to thi
) Just and necessary rule exists. it mus
be a very rare one and Cannot for
moment. be considered as applying L
j this case. But before analysing the in
: genius, but specious argument adVanc
7 ed in favor of so astounding a doc
trine. as that upon which the defend
K ant relies. and showing its utter fal
lacy. let US consider first. the prelim
mary questions raised b. the defend
s ant. 1t is but fair to tne able, learne'
: and just judge who presided at tn
4 trial that we should do SO The De
e PENDANT claims that II was not givel
= proper time to prepare its defense. II
other words that it was forced hUr
y riedly into the trial and, too. with sucl
undue haste as to deprive it of tn
= ability to concert its defence. This j
e a grave charge to make. if substantial
h ed by the record, it was a violation o
the defendants constitutional rights
{. we admit. but We are able To stat
! that it is met ccnclusively and dis
proved By the facts. as they appear il
q the case. We are convinced that ever
g reasonable opportunity was afforde'
Z the defendant. not only for entering
its pleas and submitting its motions
d but for trying the case and defending
r itself upon the real legal merits. Tn
presiding judge distinctly
t that the court would sit as long as j
: was necessary to develop all the act
of the case. even though the term Q
the court should be extended beyoni
the time allotted by the statute"
No Fedora Power Over Criminal