The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-12-06
STATE SUPREME COURT
REVERSES DECISION.
Judgment in Case Of $4,000 Fine
In Favor Of Railroad Com
pany.

Raleigh, n. c.. Dec. 4.-The State
,, supreme court in a decision handed
down this evening reversed Judge
Long Of the superior court in the
matter of a 100000 fine imposed on
the Southern Railway company for
selling passenger tickets at a rate IN
excess of 2 IA cents, the state rate.
At the same time the opinion affirms
the act Of the court and the constitu-
tionality of the legislative act in
prescribing punishment Of agents
and officials of the road for selling
tickets at~an excess rate, the bring
| ing of penalty suits Of $500 each by
individuals against the corporation
for violation of the law, and holding
that the federal court has no author
ity to issue all Injunction against
bringing suits, criminal or civil,
against the railroad, as it would in
thus enjoying a criminal action be
bringing suit aginst the state,
which is forbidden by the United
States law, as the act Of the legisla-
tur7 is self-operating as to passen-
ger fares and required no action on
the part Of the state.
The opinion is Of the four justices
of the court and is dissented from by
Chief Justice Clarke, who holds that
if al agent be fined or imprisoned
that the railroad can also be fined
as punishment for its acts in caus-
ing an agent to sell tickets at illegal
rates. In his dissenting opinion he IN
Inmates that the legislature should be
called together in special session so
as to make the act so explicit that
the railroads can be punished by
fines.
Extra Session Not Needed.
Associate Justice Brown, in co.,
curing opinion with the court, says
, that there is no need Of an extra ses-
sion of the legislature, that if the
act as it stands is enforced the rail-
| roads could not stand a weeks viola
tio1 Of it.
The opinion sets out the following
four points:
First. That there was no error in
Judge Long compelling trial Of the
case.
Second. That the federal court
injunction was no defense to GRIM
inal action, no power lying in the fed
eral court to enjoin d criminal prose-
cution.
Third. That the rate law was self
executing in effect and that no suit
against the safe will hold in defiance
Of the 18th amendment to the consti-
tuition.
Fourth. That where a civil pen
atty is prescribed aginst corpora
ton, followed by the creation Of a
criminal offense against the agents
Of the corporation, the civil penalty
first prescribed relieves the corpora
ton of punishment by Indictment un-
der the criminal offense created
against the agent.
Received Fair Trial.
The court holds That the defend
ant received: AN absolutely fair trial
: before Judge: Long, but that there
was no criminal offense charged in
the bill of indictment against the
Southern Railway company. the Of
fense Of selling tickets above the 2
1-4cent rate being charged against
Ticket Agent T. E. Green, who was
punished by fine.
The act of the Legislature prohibits
charge above 2 IA cents per mile
and then provides, il section 4, that
any railroad company violating the
provisions Of the act shall be liable
to penalty of $500 and the agent be
guilty Of a misdemeanor. The doc
trine is that where an offense IS
created by statute and the same sta
tute prescribes the penalty, or the
!! mode cf procedure, only that lnd1-
cted by statute shall be followed. But
where the offense is at common law,
statutory provisions not directly re-
{ ,pucnant to the common law are
cumulative and either law may be
followed. Where an offense is pro-
hibited but the law is silent as to
any penalty, an indictment will lie,
but where an offense is prohibited
and a penalty is imposed: no H.
1:4..o,+ will 7io and l,nncn the 1,!dr-