The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-26
PENALTY CLAUSE Of new RATE
LAW DECLARED Unconstitutional
the state may undertake the pros

ecutions which are enjoined in
! prosecutions which are enjoined in
my order, and stating that as chief
f, executive Of the state he TAI leady
to aid them in enforcing the law. IN
accordance with this policy a number
of indictments have been found and
prosecutions begun in defiance OF tho
order of injunction issued by h Unit
! ed States circuit court. II these pros
ecutions are permitted and continued,
the result will be to nullify the in-
junction which was granted D. the
| circuit court and to practically defeat
it's jurisdiction. Not only are the
rights of ~Iitigants involved, bat the
dignity and the authority OF the Unit
ed States circuit court as Well. These
prosecutions and arrests, taking place
in widely separate portions OF the
state, present serious difficulties in the
matter, and this court is confronted
with open and avOWed opposition by
the powers of the state. Obstacles are
being thrown in the way Of inquiry
by this court on writS of habeaS corpus
into the legality Of arrests, and
| this seems to be the deliberate policy
of those representing the state. | DO
not wish to be understood as imputing
improper motives to the governor 0;
other state officials as respects their
action in this matter.
The penalties prescribed by the state
statute for charging more than the
! statutory rates are SO enormous that
if permitted to be enforced they would
/! practically bankrupt the railroad in
an exceedingly brief time and before
a final hearing could be had in The
cause, and thus place the complainant
in a position where it would be pow.
erless to assert the right which is
guaranteed to it by the constitution
of the United States.
II the criminal prosecutions against
the agents, conductors and employees
are permitted TO continue the manaG
ers of the railroad cannot SuSaeccfut-
ly operate their trains, carry the mails,
or continue their usefulness to inter-
state commerce.
The constitutions of North Carolina
contains ample provision for the pro-
lection and preservation Of the lHber-
ty of the citizens.
Article /, section Is contains the
following:
Every person restrained OF his lib
erty is entitled to a remedy to inquire
| into the laWfulness thereof and remOve
the same, if unlawful, and such ren2-
edy ought not to be denied OF delay
ed"
Section y OF the article also pro-
videS:
The privileges of the writ of ha-
beas corpus shall not be suspended"
Section 1921, Of the revIsal OF North
Carolina is as follows.
Every person imprisoned or re-
strained of his liberty within this state
for any criminal Of supposed criminal
| matter or on any pretenSe whatsoever,
except cases specified in tie succeed
ing section, may prosecute q writ. of
habeas corpus according to- the Lgo-
visions of this chapter, to inquire into
the cause of such imprisonment or Ie-
straint and if illegal to be delivered
thercfrOm."
Section 1920 of the same chapter IS
only law of which [ have any knOWl--
edge which imposes upon a judge a
penalty for a failure to perform a jul
diciaE act. The ssctiOn in question,
reads a follows.
eff any judge authorized by this
chapter to grant writs of habeas cor
pus shall refuse to grant such writ,
then legally applied for, every such
judge shall forfeit to the party ag-
grieyed two thousand and five hundred
dollars"
Thus it will be seen that the state
constitution of North Carolina, as we'll
&c tho ctatI1t0rU 19W- afford on1nJh NM
lection to every person who is deprived
of his liberty without due process of
law, and such being the case, it is re-
markable that any one representing
the state should be opposed to the
granting Of the writ of habeas corpus
Likewise the constitution of the Unit
ed States and the revised statutes af-
ford every citizen of the union when
imprisoned contrary to law protectioo
to the fullest extent by writ of habeas
corpus.
Article 1, section 8, C /. 2 OF the con-
stitutiOn of the United States is as fol-
lows.
"The privileges of the writ of habeas
corpus shall not be suspended unless
when in cases Of rebellion or invas-
ion the public safety require it."
Section ISL ct seq. Of the revised
statutes of the United States contains
the following provision:
1.-The supreme court and the circuit
and district courts shall have poWer to
issue WritS of habeas corpus
The several justices and judges of
the said courts, within their respective
Jurisdictions, shall have power to
grant writs Of habeas corpus for the
purpose Of an inquiry into the cause
Of restraint of liberty Revised stat
utes, section 752.
The court or justice or judge to
whom such application is made shall
forthwith award d writ of habeas cor
pus, unless it appears from the petit
ton itself that the party is not en-
titled thereto. The writ shall be d.