The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
4 the Constitution Of the United

! f e T. ( Z /. d. . i s
by the Constitution Of the United
States.
II the criminal prosecutions against
the agents, conductors and employees
are permitted o continue, the man
ayers Of the railroads cannot success
fully operate their trains. carry the
mails, or continue their usefulness IN
interstate commerce
The Constitution OF North Carolina
contains ample provision for the pro-
lection and preservation Of the liberty
OF the citizen. Article l., section IS,
contains the following:
Every person restrained OF his b.
ertv Is entitled to remedy TO inquire
into the lawfulness thereof. and to
remove the same If unlawful. and SUCH
{remedy ought not to be denied or de-
|layed.
provides: The privileges OF the writ
LOT habeas corpus shall not be sus-
Section 1921. Of the Rev!sal Of
North Carolina. is as follows: Every
person imprisoned or restrained OF his
liberty within this State for any Grim
on any pretense Whatsoever. except IN
cases specified In the succeeding sec
| ton, may prosecute a writ o. ma pea
corpus. according to the provisions OF
| of such Imprisonment or restraint. ana
ltf Illegal to be delivered therefror.'
1 Section 1920. of the same chapter. Is
the only Law Of wh! Asa have II, any y
| a penalty for a failure to perform a
judicial act The fectlon in question
| reads as follows,
| IF any Judge authorized By this
chapter TO grant writs Of habeas cor cor
| pus shall refuse to grant such writ
when legally applied for. every such
Judge shall forfeit to the party ag-
| grieved two thousand and Ave hundred
dollars
Thus, it will be seen that the State
as the statutory law. affords ample
protection to every person who is de-
prived Of his liberty without due pro.
/ cess OF law. and such being the case. J,
ling the State ,s1noula be opposed to tn.
granting OF the WRIT OF llabeas CORPUS
! Likawise the Constitution Of tn
1 limited States and tho Revised Statutes
Imprisoned contrary to Law, protection
Ito the fullest extent by the WITT g
IEhabeas corpus.
Federal Law and Hnbeas Corpus.
Article l., section 8. chapters ! and
OF the Constitution OF ths United state ,s.
writ OF habeas corpus shall not q
4 SUSPENDED unless, when In cases OF
trebelllon or invasion. the public safe
lily may require It.
81 the United States contains the fol
flowing provision: THE Supreme cour
and the Circuit and District court'
J shall have power to issue writs @
'shabeas corpus
I. "The several justices and Judges o
1.-the said courts within their respective
4 jurisdictions shall have power tc
/ grant writs Of habeas corpus for tth'
esrp1ss sf 4" If 9auIS !9 rs si1a
7 Statutes. Section 152) The court o.
justice or Judge. to whom such appli
'.cation is made shall forthwith, award
tIrears from the petition itself that til
/ party is not entitled thereto. The wri
Ilslall be directed to the person u
Whose custody the party is detained
Il (Revlsed Statutes. Section 1851
Notwithstanding the plain provision
7 and enactnlents contained In the Con
u stitution and Revised Statutes of tn
,8united States, as Well, 90 the Stat
tConstitution and the statutes of tn
J, State. 1t is seriously. commended that tn
n agents OF the complainant In this In
OF the statute tthe enforce 9
l'Icourt) are not entitled to this remedy
!, Tot the State. If this policy is to pre-
--'tvail in North Carolina persons win
invest their money In enterprises Tx
!. that Of the complainant VIII be dc
s., hts OF the writ Of habeas corpu
!, Iwhic CHI is Intended for the preservatio
= OF the liberty of every citizen.
!. "Snd Day for the People,"
It will be sad day for the peopl