The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-18
STARTLING CRISIS
IN CLASH OF COURTS
EXPECTED TO-DAY

EXPECTED TO-DAY
Continued from First Page)
answer. Immediately recess was taken
until 10 o'clock tomorrow. when 1t is
the purpose of the court and the coun-
sci for the prosecution to proceed with
the actual trial. What move the coun-
sci for the defense Will make, II any, Is
not disclosed.
The, first plea made by the defense
in the special pleadings was that the
defendants had not been given suffi-
cient time to prepare their case. That
the arrest was made yesterday, and
Judge Avery, Of counsel for the prison
er, had only Just arrived here from
Morganton, and other counsel had come
into the case with no opportunity to
confer or prepare for the proper con-
duct of the defense.
Plead for More Time.
Further. that in the defense 1t would
be the purpose to show the act un-
constitutional as confiscatory Of the
property and the penalty clause; also
q violation Of the Constitution. Wit
nesses from distance would have to
be brought here and such time would
NC AcCeSSaTy as TO make continuance
for the term obligatory.
| 81 Two pleas, raising the question Of thu
Jurisdiction of the court and including
the proceedings in the injunction liti-
cation at Asheville before Judge
Pritchard. of the United States Cir
cult Court. for the testing Of the con-
|,stitutionality Of the rate act and re-
straining the Corporation Commission
and othnc State officers. We're read.
Judge Long o-tar7'aled the motion for
continuance or CA, ground that the
matter of the proceeding against the
defendants had b.en in progress for
several days. involved Issues of g~at
Importance to the public and speedy
| trial was imperative. He overrulec
the pleas as to jurisdiction after an
elaborate argument in support OF the
| pleas by General Counsel A. P. Thorn,
of the Southern.
In his argument Mr.. Thorn reviewed
I the whole history Of the rate legisla-
proceedings before Judge Pritchard
and the arrangement in accordance
with North Carolina's practice for re-
| funding the extra one cent per mile by
means Of coupons in the event the re-
duced rate Is sustained. He commended
in a most eloquent speech that this IVES
| the proper course. guaranteeing the
| rights OF very one and calculated to Sc
/ cure the most speedy possible settle-
ment OF the issues The District Court
now having jurisdiction, this Superior
Court could not proceed with criminal
| prosecution for penalties when con-
current equity court had in process
i of investigation the questions at issue
and had made provision for the con-
tinuance OF the very acts under proper
1 safeguards that the criminal court was
taking steps to punish.
Judge Long Unmoved.
Judge Long in overruling the plea
4 that jurisdiction Of the whole matter
} was with the United States Circuit
! Court, stated that he had the highes,
!! regard for Judge Pritchard personally
and officially, and that any judgment OF
! his would receive careful consideration
! but that in his opinion the act of the
! Legislature fixing the rates was self
Il operative, and there was no reason VIII.
) the State courts should not proceed
i with the enforcement of the law O.
!, the State by the punishment of VIC
5 lators; and that the Corporation Com
mission and others restrained by tn,
Federal court really had nothing tt
do with putting In operation the new
, act. Mr.. Thorn cited section lib o
!. the Code, but the judge held that this
was not applicable to the operation o
the rate act.
Judge Long asked If there were fur.
Their pleadings by the defense In spe.
cial. appearance and the request came
z that recess be taken until tomorrow
to determine If there We're, counse
having had no time thus far to prop.
erly canvass the whole situation. This
was refused The defense intimatec
THAT there might be a plea that tht
Police Justice Court in Raleigh was
a the proper tribunal to try the charge
being a misdemeanor
4 Judge Long said he would consider
this plea later II the prisoner would
enter his plea now as to guilt, It wa!
after a, long drawn out discussion OF
this Issue that counsel for the de
Tense declared the defendants cstoo,
mute under the circumstances" an,
the court ordered the entry of mo
guilty." and adjourned the court unit
4 Tomorrow morning, when the purpos
lis to force the prisoner into imme
diate trial,
Did Not Dennunce Pritchnrd,
Governor Glenn stated this mornin
that reports published that he had$"de
rounced' Judge Pritchard, Of the Fed
eral court, for his course In the rail
road-rate cases. was not true. What h
did say was that tho railroads ha
4 taken an extraordinry course by nc
y allowing the case to go through tn
If channels Of the Y, State courts, fros
which they had the right Of appeal
aggrieved; that with the light befor
Y him he was very much surprised tina
II Judge Pritchard would issue the writ
sy The Governor says. the case Is not or
Il, for Recommendation orr hot head edness
hut for deliberation and cool Jud gmer