Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-31
CLASH Between
STATE AND NATION
North Cardinals Attitude on
Railroad Law Gives Rise
To New Complication.
PHASE NOT ANTICIPATED.
Geological Survey Gives, Comforting
Assurance There VIII he No Coal
Famine In Next 1000 Years,
Special Correspondence.

Special Correspondence
Washington, D. c., July 27,-The clash
between the state and federal authori-
| ties in North Caroline growing out OF
the enforcement of the 2-cent rate law
in that state has brought In an unex-
pected manner the attention of the
country to the fact that the rights of
the states in the execution of their laws
shall be paramount or else those who
administer the laws of the several
states shall know the reason why
Railways throughout the country
we're adopting the law passed during
the last Congress amending the inter-
state commerce law and charging the
powers of that commission, with pro-
tests In order that the constitutionality
Of the law might be passed upon. Where
state legislatures passed laws in con-
| forrnity with the federal law regulat-
ing rates and especially where fixel
rate OF either two or two and a half
cents mile was adopted, the railways
in order to make their case. were ac-
cepting and putting into effect an in
terstate rate OF two two and q half or
three-cent rates, as the several state
legislatures had decreed under the usual
protest preparatory to the taking of the
case before the state courts and on APP
peal Immediately to the supreme court
| of the United States on the ground
Of the constitutional question involved
namely, confiscation of property.
NEW PHASE APPEARS.
Everything seemed to be clear sail
ing, the Nebraska railways were pre-
pairing to take their complaints to the
supreme court Of the state in the most
direct way and in the event of the
oxieto ttr-n ~ 1Aat, oil 1N,, a
cation to the supreme court direct upon
the broad question whether the Con-
gress of the United States had the
power to say what rate should be
charged and whether the pres
ont amended interstate state COM
merce act Nwas constitutional. The
administration felt no fear of the out
come and everything was moving along
in an orderly manner when the North
Carolina case doomed up large upon
the horizon. Here was a new phase
which the administration people had
not anticipated. And as it looks now
promises to be of serious consequence
10 those who believe that the govern
Inent is more powerful than that state
within certain we'll defined lines Gov.
Glenn of North Carolina, after the pass
age of the act by the North Carolina
egislature-providing for a two-cent
rate on the railroads in that state and
of the railroad companies failing to put
the rate into effect with a fine that in
the Judgment of the court should be
ample. directed the legal authorities OF
his state to impose fine of $4,000 on
the Southern Railway company, one of
the great railway corporations of the
south. because its officers had refused
to put the rate into effect pending
judicial review and sentenced two of It's
representatives of the passenger de-
partment to hard work on the rock
pile" and in the chain gang for thirty
days.
The legal department of the South
ern railway believing that gross in
Justice was being done the local repre-
scntatives of their railroad who had
no power whatever to pay the fine
imposed upon that railroad by the le-
gal thorities of North Carolina APP
- 70 the circuit court over which
Pritchard presides for writ
!. Seas corpus in order that the
m .sstsof the case might be argued i'm
partially. The application for this
writ was granted by Judge Pritch-
ard. former Republican u. S. sem
ator from North Carolina and ap-
!, ointee of Theodore Roosevelt.
- ANOTHER QUESTION.
y And right here comes matter of
&c rious controversy. Whether Judge
Pritchard had the right of interior
ence in n matter that concerned the
state wholly and whether 1t would not
have been the better practise To per-
nit the case to go to the supreme
court of the state on application for
writ of habsas corpus which heing
refused would have naturally brought
the case into the supreme court of the
United States Immediately instead of
n United States circuit judge taking
Jurisdiction and thereby involving
possibly different questions and
greater length of time in which the
issue might be joined.
Gov. Glenn of North Carolina, Is
represented as standing pat on the
right of the constituted authority of
the "tar-heel state" to proceed
against the railroads along lawful lines
and he vigorously protests against the
action of Judge Pritchard In his in
reference" II such 1t be.
Washington has been considerably
excited over the incident for they
see In 1t the easiest way in determin-
Ing the constitutonality of the inter-
state commerce law which Senator
Foraker alleges Is unconstitutional.
DOCTRINE OF STATE RIGHTS.
They see also in the controversy
chance for demagogues to infiame the
public over the question of states
rights as 1t has not been presented
since the Civil war. The more con-
servatIye of the citizens here are
hopeful that an issue will be framed
~ between North Carolina and the
federal government which viii be
satisfactory to the interests inyolv-
ed without any display of armed force
az Gov. Glenn has minated would
be the case If the Southern railway |
failed to pay the fine of $4,000 I'M
posed The talk Of impeaching judge |
Pritchard is, of course, puerile, He |
mas committed no act that would war |
rant an impeachment of his high Of
Ace. He has stayed wholly within |
mis- rights. /, The only question that |
can at all be raised against him is
whether he was not hasty and wheih-
sr he should not have permitted the |
writ OF habeas corpus to be sued ont
In TIE supreme court Of North caro-
ina before taking the action which
ma did The Southern Railway COM
pany's case, however. In North CARO-
ina promises TO become cause
,elebre.
MAY GIVE SIGN or RELIEF
Recently there has been great
Ieal of discussion over certain Reports