The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
GOVERNOR GLENN
|. WILL OBEY DECREE
Issues Statement to People, Say.
ing Federal Courts Orders
Will be Respected, and Ap
peal Has Been Taken to
Supreme Court OF
United States.
WHY PROSECUTIONS ny
STATE COURTS ARE UNLAWFUL

: I I
Judge PritclInrd bnscs his de-
cislOn In the North Carolina rate
suits ns fnIlows.
% The brlngin. Of them would
affect the iurisdiction of the United
States Court 10 such IN extent
8 that II would be unable to grant
the railway >thc. relief II nsks In
tho rntc cnse If II should be en-
titled to 1t.
ca That the fourth section Of
the law, the penal section, pro-
,idcs for 80 many prosecutions
md penalty suits that the railway
would be deferred from proceeding
In the courts to enforce Its rights
as n citizen, and therefore the Sec
tIon Is unconstitutiOnnl.
Especial to The Times -l,ispatch.]
AsHEvlLLE N. c., July 2z.-Inci-
dental to the release Of Messrs.
Wood and Wilson. ticket agents Of the
Southern Railway on hab,ns corpus
proceedings before him to secure their
release from custody under sentence OF
City Police Judge Reynolds. United
States Judge Pritchard to-day render
ed a decision declaring the penalty
clause OF the North Carolina rate law
unconstitutional and void
The Federal court holds that the
penalties inflicted by the statute would
close the doors to judicial hearing
and would amount to s2,500,000 a day
II the penalty was enforced on the sale
OF each ticket, which is eigh! times
more than the amount involved in the
original suit Also that It would do
violence to the comfy which exists
between the State and Federal courts.
~ ~
tiyes to officials or State courts. Judge
Pritchard remarked that il such a
course of conduct was permitted to be
pursued IT would have the effect of
defeating the jurisdiction OF Tie United
states courts.
OPENS DOOR FOR RAILWAY
TO STOP PROSECUTIONS
This decision opens the doors for the
railways 10 stop all prosecutions and
penalty suits by securing from Judge
Pri;chard an order to that effect. an
order which will stop every individ-
ual and court OF North Carolina from
acting under the rate law. aid such
an order they will ask for probably
tomorrow.
The fourth section would be de-
clared unconstitutional
They are here for such relief, the
fpTtSlUaIl VI LIE - AA"AiN g. W.
vice presidents. two general counsel.
the division counsel. the district coun-
sell the special counsel from New
York. the special counsel for North
Carolina and assistant, though nomi-
nally TO aid in the release of Messrs.
Wood and Wilson.
The net result Is that North Caro-
lima has law fixing the rate per mile
with no penalty for failure to obey it.
Should the Southern dismiss It's rate
suit against the Corporation Commits
sion as it has the right to do as
plaintiff, then there would be no cause
and the road could go on charging the
high rate and could not be punished.
STATE APPEALS TO SUPREME
COURT OF UNITED STATES
The State appealed from the order
of discharge to the Supreme Court of
the United States, and thus Tho test
case will go from Asheville. Judge ]. H.
Merrimon special counsel for the
state, said he did not wish any bond.
but as the law required 1t. Judge
Pritchard hxed it at 5000 each The
cases will be consolidated and taken
direct to the Supreme Court nf tho
United States. Judge Pritcha,d paused
about half way in reading his decision.
and then Judge Merrimon showed Kim
a telegram from Governor Glenn, which
read:
ask Judge Pritchard no. to
render decision until Mr.. Justice
arrives Want him to see you.
The message was too late. Hon.
f. j. Justice. Of Greensboro, is Speak
er for the State House of Represen-
tatives, and one of the special State
counsel Solicitor Brown received a
telephone message from the Governor
telling him to appeal the case II aeci-
sion was adverse.
.GLENN WILL OBEY