The Penn's Grove record., 1907-07-26
JUDGE FREES SOUTHERN
RAILROADS. AGENTS
Federal Official Declares North
Carolina Law Unconstitutional.
PENAL TIES ARE TOO SEVERE
Roosevelt a Peacemaker-His Agent
Promises Speedy Settlement
Meantime Law is Tied Up-Su-
preme Court to Decide.

DT0Ilic SOurl 10 DeC1ues
Asheville, N. C.-The dispute be-
tween the courts of North Carolina
and the Federal courts in respect of
the railroad rate law will be settled
without much friction. When Judge
Pritchard declared the law unconsti-
~tutional and set free men who had
been imprisoned by a State Judge
there was lots of hot talk, and it
even suggested that Governor Glenn
should call out the State militia, ar
rest all the working staff of the
Southern Railroad and, if necessary,
put Judge Pritchard in Jail for al
legged misuse of his Office.
Peace came upon the scene when
Edward I. Sanford, who had hurried
from Washington as the personal rep
resentative of President Roosevelt,
promised that if the cases were al
lowed to proceed in an orderly way
to the Supreme Court of the United
States, the Department of Justice
would request the court to advance
the cases to an early hearing. Mr..
Sanford is an Assistant Attorney
General, and said he had authority
to pledge the Government. The
State attorneys agreed to this, in
sisting upon a direct appeal to the
hlQhPSf nOJIrf ond not tho o1o-+;1,,
of Judge P~ritchard's plan to send
the issues to a master, who might
report in the year 1000.
Asheville, N. C.-United States
Circuit Judge Pritchard rendered his
decision in the railroad rate cases,
~discharging from custody James H.
Wood, District Passenger Agent of
the Southern, and o. G. Wilson, tick
ct agent, who had been sentenced to
thirty days each on the chain gang
by Police Justice Reynolds, of Ashe-
vile, for violating the new Passen-
ger Rate law.
Judge Pritchard declared the PEN
atty clause of the new Rate law un-
constitutional. Governor Glenn will
defy Judge Pritchard's decision. Gov
ernor Glenn telegraphed that special
counsel, including Speaker of the
House Justice, was being rushed to
Asheville, and requesting counsel for
the State to try to secure a postpone
ment of the Federal Court decision
until Justice and others could ar
rive. Judge P%ritchard completely ig-
nored Governor Glenn's request and
Glenn was so advised.
Judge Pritchard made open threats
from the bench against Judge Reyn-
olds, of the Asheville Police Court.
who imposed fines upon tickea agents
and sent them to the chain-gang.
and threats against others who swore
out warrants against ticket agents.
whom, he said, he was thinking of
having brought before him for con-
tempt of court.
Judge Reynolds had threatened to
jail Judge Pritchard if he interfered
with his court and Pritchard turns
the table.
Governor eileen ordered Reynolds,
over the long distance phone, up
On the arrest of Wood and Wilson,
to proceed with the trial of his cases
in court and to notify Superior Court
Solicitor Mark w Brown to prose-
cute in the Police Court and to re-
sist to the utmost the release of the
defendants.
The message was significant. Gov
ernor Glenn promised armed protec-
ton to the State officers.
Governor Glenn says: 81 regret
this conflict. 1 want it settled. If
the railroads will acquiesce in the
law, then no further indictments will
be made"
He declares, however, that if the
railroads do not obey the law he will
instruct the States Attorney to aid
the solicitors of the State in sending
new bills and prosecuting the rail-
roads until they do obey the law. If
they refuse to recognize the law, as
a result fines, costs and odium at
tach to them, and if their agents who
persist in bringing them in defiance
of the law go to Jail they will have
only themselves to blame, as the
State is ready to stop when the law
is obeyed. In his formal statement
he says:
. l am not guilty of usurpation, as
some railroad organizations contend,
III Ihuo Tying " SulOIC0 Jn0 Violated
law, but simply as the executive Of
fcer of the State executing the law
as the State constitution requires
me to do.
my duty is to see that all persons
violating the law are punished. So
whether it be in prosecuting alleged
lynchers, as l am o doing in Union
County, or trying to stop railroads
from setting at naught the declared
will of the people through it's Leg
islature, 1 intend, without needlessly
harassing individuals or railroads, to
try to enforce the laws now being
persistently and defiantly violated by
those railroads."
Jeter c. P%ritchard, before appoint
ment to the Federal bench, was for
several years the attorney of the
Southern Railway Company. Judge
Long, who recently fined the South
ern 100000, had also been it's coun-
sci in former years.