The southern sentinel. (Winnfield, La.) 1883-1910, 1907-08-16
A Case in Point.

points as to the rights of the state,
as commended for by Governor
Glcnn of North Carolina, in his
suits against the railroads of his
state, says the Montgomery Jour
nal, originated in Alabama not a
great many years ago, and the
United States supreme court then
settled it in favor of the state
against the contention of the fed
eral court. The decision of the
United States supreme court was
a practical rebuke to the federal
judge.
This case is one of peculiar in
terest at this time, and it will be
recalled by the members of the
bar especially, as it attracted
much attention, not only in Ala
oama, but throughout the coun-
try.
1t was the case of Fit VS..
McGhee, and went from the fed
eral court of this state to the
United States court. The Spring
field Republican recalls the case
and makes this mention of it.
1.-The Legislature of Alabama
had passed law lowering the tolls
on bridge owned by railroad
company. The company refused
to. obey the law and sued out a
writ of injunction in the United
States circuit court for that Sec
ton, enjoining the Alabama attor-
ney general and other state officers
from enforcing the act until its
constitutionality could be inquir-
ed into. Meantime the two toll
collectors, Glenn and Brabson,
continued to charge the old rates
under orders from the company,
and they were arrested aud in
dicted, and so frequently on sue
cessiye charges, that the railroad
company, through McGhee, the
receiver, set up the contention
voiced by Judge Pritchard in the
present case-that the punish
ment provided was so extreme as
to deny the company equal pro-
lection of the laws-so extreme
as to prevent it from getting into
court alive. Furthermore, the
circuit court had the two toll col
lectors brought into its custody on
writs of habeas corpus, taking
them from the custody of the
state courts, just as has Judge
Pritchard's courts in the case of
the two arrested Southern railway
ticket agents; and they were re-
leased by the circuit judge, just
as Judge Pritchsrd released the
the two ticket agents.
The Nashville Banner throws
additional light on the subject.
1t says further:
1.-The Alabama attorney general
appealed to the supreme court of
the United States, and the deci-
sion OF that court, found in LIZ,
United States reports, was against
the federal circuit court and or
dered that court to remand the
two released collectors of tolls to
the proper state authorities, from
whom they had been taken. The
supreme court said it was an error
to discharge them, and further,
said Judge Harlan, in delivering
the opinion, AS already indicted,
the circuit court, sitting in equity
was without jurisdiction to pro-
hibit the institution or pfosecu-
ton of these criminal proceedings
in the state court Justice Har-
Ian held that even if the circuit
court regarded the state act as r, :
pugnant to the constitution, the |
custody of the accused should not
have. been disturbed, and be
added, "That the defendants may
be frequently indicted constitutes |
no reason why a federal court of |
equity should assume to interfere |
with the ordinary course of crimi-
nal-proceedure In state court. -"
That seems to cover the North |
Carolina case like a wet blanket, |
aud it only illustrates the truth
of the oft repeated declaration
that the United States supreme
court yet stands as a rock of |
Gibraltar against federal en-
croachments upon the rights of
the states.-Shreveport Journal.
= y
Do You Itch?
If so, you know the sensation
is not an agreeable one, and hard
to cure unless the proper remedy