The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-26

in re James II. Wood, PetitlOn
This is the application of the petit
rtioner, James H. Wood, to be dis
charged on a writ Of habeas corpus
from the custody Of the sheriff OF
Buncombe county.
The petitioner was indicted On Il
charge Of having violated the pr wis
ions of section fol- Of an act passed
at the session of the Legislature OF
North Carolina Of 1907, prescribing the
maximum charges railroad companies
may make for transporting passengers
in North Carolina. tried and convicted
and sentenced to a term Of thirty days
Imprisonment, to be worked upon the
public roads of Buncombe county.
Some time since suits were lnStlIut-
~ i'll the circuit courts Of the Onlteu
States for the eastern district OF Norm
Carolina bv several railroad cOmpan-
les against the corporation commas
sioners of North Carolina, the attor-
new general and the assistant attorney
general of that state for the purpose
of obtaining protection of the -Four
teenth amendment to the constitution
of the United States against an act OF
the legislature of North Carolina es-
, tablishing maximum rates which sue
d. cOmpanies claimed to be cOnhscato1E
and on d prima facie case a motion
was made before me for interlocutory
injunctions.
Accordingly on the 10Th of June [
issued injunctions pendente lite en-
toiniug the defendants and all other
DeI o som putting The lates lnNu Ell
feet during the inquiry beforc ME as
to the constitutionality of the same,
and from i%nstituting, prosecuting or
attempting to impose penalties hpon
the companies, or their employees for
a failure to put into effect the statu-
tory rates which are being contested
The court amply preserved h rights
of all the travelling public by reqdlr-
ing a coupon to be given TO each pur-
chaser e%videncing the TO be
refunded to him in the event the rate
should be upheld, and to secure the
same ample bond and security were
given.
This was in accordance with the
policy of the statutes of North Car
Olina where a rate made by the COM
mission is attacked: I thereupOn re-
ferred the matter TO a master to as
certain and report his conclusions
TO me, and, to avoid delay. required
him in the order, to make his report
by the 25th of September, and fixed the
hearing for the first Monday in Octo-
be- so as to give the parties oppOr-
tuntiy to have the question involved
finally determined by the supreme
e court at the earliest possible montent
There was nothing unusua III the
proceedings which We're instituted be-
fore me b. the several railroad com
panies in the state. Similar suits have
been instituted in tie state OF A'aba
ma,s where Judge Jones issued al IN
Junction and also in the state oil Geof
gia where Judge Newman pursued IN
same course.
notwithstanding the United State
circuit cour had thus taken jurlsdlc
ton OF the whole matter and was pro
ceeding in an orderly way with 1T
consideration, the evidence shows tina
the Governor of North Carolina ha
issued an address to the Judges c
the superior courts of the state Quas
tio4ing the authority of the. court tt
make the order referred to and asket
them to see that indictments agairs
the agents and the employees of tn
raifroads.and its officials be sent be
tore thsasrand jury in order that tn