Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-23
THE RAILROADS AND THE
STATES.


of the Southern Railway, and Ticket
Agent o. @. Wilson, indicted for sell
ing railroad tickets for more than 1t
cents mile, and sentenced to the chain
gang by Police Justice Reynolds for
thirty days each, were released from Gus
tody of the Asheville, n. @. Police Court
yesterday by United States Circuit Court
Judge Pritchard, who declared that the
penalty section of the new passenger-rste
law was unconstitutional.
Judge Pritchrrd holds that the enforce
ment of the new rate law can be enloined
because 1t interferes with the jurisdiction
of the United States court in the case OF
the Southern Railway against the Corpo-
ration Commission until it is finally de-
termintd.
The Judge holds that the final section
of the rate law lie unconstitutional be-
cause it provides penalties so enormous
that the railway would be proven ted from
enforcing its rights to test the law.
Judge Pritchard quoted from a letter
written by Governor Glenn and declared
that there was a deliberate attempt by
the State authorities to interfere with the
United States court. The judge declared
his determination to enforce his orders.
Judge Pritchard said that the penal
ties inflicted by the statute would close
the doors tn judicial hearing and would
amount to 50, 500, 900 day if the pen
atty was enforced on the sale OF each
ticket, which is eight times more than
the amount involved in the original
suit; also that it would do violence to
the comfy which exists between the
State and federal courts. While not
imputing any improper motives to OH
Gals of the State courts, Judge Pritch-
ard remarked that il such course OF
conduct was permitted Ia. be pursued 1t
would have the effect OF defeating the
jurisdiction OF the United States courts.
Judge Pritchari in his decision refer
red to Gov. Glenu's letter, and said
"1f conflict must come-and trust it
will mott shall not shirk the response
bility which is placed upon me-"
Gov. Glenn will defy Judge Pritch-
ards decision. The governor telegraph
ed yesterday to counsel representing the
State requesting that postponement OF
the federal court decision be procured.
Gov. GIenn's request was ignored by
Judge PIi!chard. Gov. Glenn stated
that special counsel were on their way to
Asheville. The governors extra coun-
sci arrived last night, and the nexL move
on the part Of the State is awaited with
great interest.
Another sensation of the day was
caused by the remarks of Judge Pritch-
chard from the bench yesterday after
noon against Judge Reynolds, of the
AshvilIe Police Court, who imposed SEN
tence upon the ticket agents, and threats
against others who caused the ticket
agents to be arrested and intimations
that he would have these men brought
before him for contempt Of court.
Judge Reynolds threatened TO jail
Judge Priichard If he interferred with
his court, and Pritchard now turns the
tables.
President Finley, of the Southern
Railway, and a party of officials, who
arrived in Asheville a few days ago by
special train, are still there and holding
conferences behind closed doors.
Jndge Pritchard accompanied his de-
cision with a statement. He said:
at would be a sad day for the people
of North Carolina when its citizens are
prohibited, by the acts of the legislature,
from asserting any right guaranteed them
by the constitution of the United States.
The equal protection Of the law is guar
anteed every citizen of the United Slater,
and | shall employ all means within
the power Of the court to secure to oil
persons who many invoke the jurisdict-
ion of this court, such rights to the
fullest extent of the law" Gov. Glenn
says
81 regret this conflict; | want II settled
If The railroads will acquiesce in the law
then no further indictments will be
made"
He declares, however, that if he rail-
roads do not obey the law he will in
struct the States attorney to aid the
solicitors of the State 10 securing new
bills and prosecuting the railroads until
they do obey the law. 1t is now believed
that steps will be taken to prevent the
execution of the sentence imposed in
Raleigh Friday, when the Southern
Railway agent was found guilty of selling
tickets at higher rate than provided
for by law and the railway was fined $780,
900.