The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-21
FEDERAL COURT STANDS FIRM
KEEPS CUSTODY OF RAILROAD
MEN IN NORTH CAROLINA.
Judge Pritchard Hears Argument on states
Defiance Of His Court Issues Contempt
orders N VIII Announce His d.
CIsiou ON the Rate Law Tomorrow.

W. ahh
orders and VIII Announce His d.
cIsion ON the Rate Law Tomorrow.
AsHEvILLE, N. c., July 2O.-District
Passenger Agent j. H. Wood Of the Southern
Railway, and o. c. Wilson, ticket agent, who
we're sentenced to the chain gang by Police
Justice Reynolds for thirty days each for
violating the passenger rate law and for
whom Judge Pritchsrd Of the United States
Circuit Court issued writs Of habeas corpus
and ordered that the prisoners be taken
before him, which act Gov. Glenn denounced
as high handed and ~despotic, are still ID
custody of the United States Marshal.
The United States court room was packe.
to-day when argument in the case WIS
begun. Owing to the Governors denuncia-
ton Of Judge Pritchsrd and the very I'M
usual proceedings when Police Judge
Reynolds and other State officials were
summoned TO appear and testify to h
making of afidavits and TO the issuance Of
warrants for the arrest Of the ticket agents
there was much feeling. Argument Of
counsel TO secure the release Of Wood and
Wilson from the Asheville police court was
begun before Judge Pritchard at the morn
ing session and concluded this afternoon.
Judge Pntohar d's decision was reserved
until Monday.
Following the conclusion of the session.
Judge Pritchard caused to be issued a writ
OF contempt Of court against 7. J. Harmon.
II -aA Al. q. NA1 aaAA
Agent Wood and Wilson were ordered into
the custody Of thesUnited States Marshal.
To-day's case was the first test in the oon-
hict between a United States Circuit Court
which has enjoined State officials from
! enforcing the law and the State courts.
which nave been instructed by Gov. Glenn
70 enforce the criminal penalties Of this law
and promising them armed protection
from any Federal court interference in TIE
| trial of prisoners charged with violating it.
Gov. Glenn to-day directed the situation
over long distance phone. while special
State counsel vigorously resisted the right
Of the United States Court to release tie
men regularly convicted in the State court.
which was demanded by oounsel for prison
ers who are also the railway counsel. A. ?.
Thorn OF Washington, general ounse for
| LDe DOuJntTn, w. r. TOuildll. julien HI
North Carolina, and Walker d. Hines Of
New York. general counsel Of the Santa Fe
system. who has been employed specially
by the Southern.
Judge Pritchard referred to Gov. Glenn's
Instructions to the State Judges and quoted
the Governor as saying that the Federal
Judge had no right to suspend any State
law. Judge James H.. Merriman said Ia
| tha A~Acuf,x,a and lo0ialaf two daNarfpaanfc
Of the State intended to enforce all laws
not declared unconstitutional. and that the
Federal court was without power TO suspend
the statute unless il declared it unconstl-
t~utional. This the court had not done.
He argued that in the railway rate cases
before the Railways and Corporations
Commission in which Judge Pritchard
made an order here on June 20, the Judge
had held that he did not declare the aw
unconstitutional. but had directed tire
taking Of evidence to determine whether
the new rate was such a law as to be oor-
fscatory, and therefore unconstitutional
and hat the Southern Railway Company
was endeavoring by the habeas corpls
proceedings to force the Court TO PREJUDICE
that case by the declaring of the law ur-
constitutional on its face. By no Other
course could the prisoners be released
unless the Court could paralyze the opers-
tions and nullify the State Criminal cour's
by suspending the laws.
General Counsel Thorn declared that
the section Of the rate law imposing crimin4 Al
penalties and civil penalties vas uncor
stitutional on its face. He took the positi :.
that the prisoners were convicted becau -
they obeyed the orders Of Judge Pritohlri
and that under the United States lava
a legal order Of the court WAS a law Of tie
United States, and furthermore that mar v
prosecutions Of the railroads would destroy
the power of the Federal court TO graiia
the relief prayed in the case Of which +
had taken jurisdiction. the railway "a ,
case.
Judge Pritchard asked State counsel n
he could not declare the criminal section {
the rate law unconstitutional withoc
passing O n the section fixing passenee
rates. and said. when he announced his de-
cfsion. he wished 20 accompany it with q
statement and would adjourn court unit!
10 o'clock Monday morning
No doubt IN entertained that he vii.
declare unconstitutional the criminal sec
ton and release the prisoners. II he doe
the State will appeal to the United States
Supreme Court and then the railroad will
take an appeal in the State court at Raleig,i
in which 1t was fined $780, 900 yesterday
The railway feared TO press it's demand
that Judge Pritchard taxi from the court
at Raleigh Ticket Agent Green. on tria,
there in the State court. President Findley
OF the Southern. who arrive last night or
a special train in company with vice-Presi
dent Ackert, Alexander p. Humphrey
general counsel for the Southern. and other
prominent officials. issued a statement this
afternoon directed ito the public served
by the Southern Railway. in which he said
The Southern Railway Company. upon
an examination of the revenue derived BIZ
il from State travel in the State Of NORTH
Carolina. found that TO reduce It's pas.
senger rates to ~ cents per mile would so
largely diminish this revenue as to make
the enforcement OF this passenger rate
equivalent to a confscation Of its property.
Some time prior to the first day of July
this company filed such a suit in the United
States Circuit Court, setting forth in detail