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., Dee. 4.-The State
! supreme court in decision handed
| down this evening reversed Judge
Long Of tire superior court in the
matter Of $4,000 fine imposed on
the Southern Railway company for
selling passenger tickets at rate in
excess Of 2 Id cents, the state rate.
At the same time the opinion atlirms
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 All excess rate, the bling-
ing of penalty suits of 1900 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 criminal action be
bringing il suit aginst the state,
which Is forbidden by the United
States law, as the act Of the lcgisa-
tur2 is sef-opcmtin" as TO passcn-
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
il al agent be fined or imprisoned
that the railroad can also be fined
as punishment for It's acts in caus-
ing an agent to sell tickets at illegal
rates. In his dissenting opinioa 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 a coil
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 week s viola
tioA of it.
The opinion sets out the following
four points:
First. That there was no error in
Judge Long compelling trial of the
ease.
Second. That the federal court
injunction was no defense to crim-
inal action, no power lying in the fed
eral court to enjoin Il criminal prose-
cutiOn.
Third. That the rate law was self
executing i'll effect and that no suit
against the safe will hold in defiance
of the IL tn amendment to the consti-
tuition.
Fourth. That where civil pen
atty Is prescribed aginst corpora
ton. followed by the creation of a
criminal offensc against the agents
Of the corporation, the civil penalty
first prescribed relieves the corpora
tion of punishment by indictment un-
der the criminal oifcnSc created
| aSpiHSl tlC iStll.
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
fcnsc Of selling tickets above the 2
1-l-ccnt rate bcin" charged against
Ticket Agent r. f.. Green, who was
punished by fine.
The act Of the le"islat,:. prohibits
a charge above 2 IA cents per mile
and then provides, in section 4, that
amy railroad company violating the
! provisions Of the acl shall be liable
to penalty Of $500 and thc agent be
guilty Of misdrmcanor. The doe
: trinc is that where an offenSc is
created by statute aad the same sta
tutc prescribcs the penalty, or the
! mode CT procedure. only that indi-
ctcd by statute shall be followed. But
! whore the offcnsc is at common law,
, statutory provisions not directly re-
! pu"nant 10 the common law arc
cumulative and either law may be
followed. Where an offcnsc is pro-
/ hibitcd but the law is silent as to
any penalty, an indictment will lie,