Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-22

llOn Commissioners fTtnIlSS anu SIuaTC anu
Allen Caperton Braxton, father of the
corporation commission, met in the gov
ernors office today to discuss the railroad
situation in Virginia. 1t is generally eX-
pected that they will decide to violate,
technically, the Injunction of Federal Cir
cult Judge Pritchard, and carry the two-cent
rate question at once to the Supreme Court
of the United States.
To Block Judge Long.
Special Dispatch to The Star.
RALEIGH, n. c., July 22-AccOrding to
Information today and statements made by
lawyers and a man who Is in position to
know something of the plans of the parties
concerned this week will be almost or
quite as pregnant with interesting develop
ments as was last week in the legal fight
between the state and federal jud ciary in
North Carolina.
There is well-defined report, that has
not been confirmed. however, that United
States Circuit Court Judge Pritchard will
return 10 Raleigh from Asheville this week
and that counsel for the Southern railway
will apply to him for relief interference
of some kind affecting the judgment of
Judge Long in filming the railroad company
$4,000. the state judge having ordered that
action will be taken attempted is not
stated. 1t will be remembered that Judge
Pritchard remained in Raleigh only a por-
ton of one day. arriving here Friday morn
ing and leaving the afternoon of the same
Gay, his train leaving few hours before
the case on trial before Judge Long was
completed i'll the state court. His hurry
was partly explained by his action Satur-
day at Asheville, when, early in the morn
ing, had the two ticket agents whom
the municipal justice had arrested a second
time and sentenced to the roads for thirty
days, released on writs of habeas corpus
and had the city recorder, who imposed the
sentence, brought before him in a proceed
Ing for contempt II IS asserted here that
had not these matters demanded Judge
Pritchard's immediate attention he would
have remained in Raleigh over Friday
night and Saturday, with the result that
the action which he is believed to be con-
templating this week would have been
taken Saturday.
To the Supreme Court.
Discussing the matter today a prominent
man here said to the writer:
OF course both sides to this controversy
mean to have it finally settled by the
United States Supreme Court That being
SO, some people are wondering why all
TINS bloodthirsty preliminary exhibition on
the part of the contestants. They think
the issues had as well be made up and
the cases FASTENED along to the court
OIL mai resort, as they will necessarily
consume some time in getting upon the
DOCKET and still more time in getting a
trial in the Supreme Court
Inc AsheVille cases are going there as
well as the Raleigh case but from all in.
dicatons at this time they will -,
through different channels will take Az
ferent courses and travel on differart
schedules-and there is where the ruh 10
or at least part of 1t.
Good lawyers will tell you that tho
Supreme Court is slow to reverse decisionS
of the highest court of good repute Of any
state. That II is more prone to uphold the
state supreme courts, when 1t can be con-
sistently done. Now the railroad company
would much rather have the United States
Supreme Court pass on a case which l. mad
won in the lower federal court than an
appeal by the railroad from an adverse
decision by the North Carolina supreme
court a court which. / understand. stands
in good favor with the United States ST.
preme Court. The counsel for the rail-
road appear 10 take it for granted that the
state supreme court would uphold a de-
cision of superior court Judge like that
rendered by Judge Long. on tn other
hahd the railroad and the state seem to
SNpect ti'S outcome or the matter pending
befo e Judge Pritchard in the United States
circuit court (now in the hands of soecial
Master montgomery, former Judge of the
North Carolina supreme court who is Ia
submit the result OF his Investigations and
the evidence and findings next Octoherl
Will be favorable to the railroads and that
il will be the state that will appear as an
pe!iant in that case"
Time to Perfect an Appeal.
Judge Long having allowed the defense
ten days to perfect appeal it will be
next Monday. 29th instant before .he ap-
peal and bond will have to be ed The
belief exists that in the meantime-that is