New-York tribune., 1907-07-23
PRESIDENT TAKES HAND
ATTORNEY At 1SHEVILLE.
Judge Pntchard Declares North
Carolina Rate Lac VOid.
IBy Telegraph to The Tribune. ]

taking COgniZanCe of the clash between the fed-
eral and state courts here, has sent Assistant
Attorney General Edward T. Sanford to Ashe-
Vile Following the decision of Federal Judge
Prtchard day that the penalty clause in the
North Carolina rate bill is unconstitutional,
Mr.. Sanford stated tonight that he had advised
that the case be taken by the state to the Su-
preme Court; that the Department of Justic"
request the Supreme Court to expedite its prog
ress to early decision. and that this case and
the Southern Railway case at Raleigh be allowed
to settle the question at issue and stop all
further proceedings.
Coincident with the decision of Judge Pritch-
ard day, James H Wood. district passenger
agent of the Southern Railroad, and c. Wilson,
the ticket agent of the road. who were recently
sentenced to thirty days the chain gang for
violation of the law, were discharged on habeas
corpus proceedings
After Judge Pritchard had signed the judg-
mcnt Judge J. H. Merrimon, special counsel for
the state, gave notice of appeal and waived
bonds, but under the law the court fixed bond
OF 5000 each for Wood and Wilson. Both sides
co-operated to make the appeal as simple as
possible to present the point at issue to the Su-
preme Court.
Governor Glenn telegraphed to the counsel
representing the state to-day requesting that
an effort be made to postpone the decision. and
stated he was rushing extra counsel to Ashe-
Vile Judge Pritchard took no notice OF the
Governors request, however 1t is said that
Governor Glenn will defy the decision
JUDGE PRITCHARD'S DECISION
In his decision Judge Prtchard said that the
penalties inflicted by the statute would close the
doors to a judicial hearing and would amount
to two and a half million dollars day If the
penalty enforced the sale of each ticket.
which is eight times more than the amount in
volved in the original suit Also that ii would
do violence 20 the comfy which exists between
the state and federal courts While not fmput-
ing any improper motives to officials state
courts. Judge Pritchard remarked that II such =
course OF conduct permitted TO be pursued
1t would have the effect OF defeating the juris-
dction of the United States courts.
Continuing. Judge Pritchard said:
1T Will be a sad day for the people of North
Carolina when Its citizens are prohibited by acts
Of the Legislature from asserting any right guar
anteed TO them by the Constitution If the United
States Suits Of this character have been
brought in different states of the Union. and in
every case federal courts have proceeded 70 de-
termine the questions involved without inter-
ference. hindrance delay by the legislative or
judicial authorities Of such states
The equal protection Of the law is guaran-
teed to every citizen Of the United States. and I
shall employ all means within the power Of the
court to secure to all persons who may invoke
Jurisdiction OF this such rights 10 the full
est extent OF the law. II the law is construed in
a spirit OF fairness and impartiality there can
Do no ConHlCt OF JuflSCiCtIpn between the Stdte
courts and the courts OF the United States.
FEDERAL COURT NOT AGGRESSOR.
This court is confronted with open and
avowed opposition by the powers OF the state.
Tho penalties prescribed by the state statute
for charging more than the statutory rate are
enormous that II permitted to be enforced
they would practically bankrupt the railroads
in an exceedingly brief time and before final
hearing could be had in the case and thus place
the complainant in position where II would
be powerless 10 assert the right guaranteed 10 II
by the Constitution Of the United States
If the criminal prosecutions against the
agents. conductors ana employees are permitted
10 continue the managers Of the railroads can
not successfully operate their trains. carry the
mails continue their usefulness I'm interstate
commerce.
The state constitution as we'll as the statu-
tory law afford ample protection to every per-
son deprived Of his liberty without due process
Of law 1t IS remarkable that any one repre-
senting the state should oppose the granting Of
the writ OF habeas corpus
Judge PritChard added that the federal Con-
stitution and the revised statutes afford similar
protection He continued.
Much has been said in regard to the power
Of court Of equity TO enjoin the prosecution
Of a criminal In the case of Dobbins agt.
Los Angeles Justice Day. who delivered the
opinion of the court. In discussing this phase Of
the question said 1t is well settled that where
property rights VIII be destroyed unlawful in
terrerenCe by criminal proceedings, under n VOID
law or ordinance may be reached and controlled
by decree Of court OF equity"
The decision held that the question OF the SOW
ereignty of the state is not involved, the real
question being whether this court shall be de-
MED full Jurisdiction Of the subject at law The
court added:
In this instance the federal court has not
been the aggressor. but has simply adopted the
regular practice and procedure which has been
approved by the Supreme Court of the United
States in case OF like nature. and while the
court is not inclined To do anything that will
produce Unseemly conflict nevertheless II is
incumbent upon II 20 protect the rights Of the
parties TO this controversy and the dignity and
authority of this court This cannot be accom-
plished without preserving to the fullest extent
the jurisdiction Of the court in determining the
question which has been submitted 10 it for
consideration.
IF in pursuing the we'll defined practice and
procedure with the sole view Of maintaining
the jurisdiction of the court at any 81 ge of the
proceedings conflict must come, and l trust that
1t may not / shall not evade the responsibility
which is imposed upon me the presiding off,
Ger of this court"