Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-29
ISSUE IN NORTH CAROLINA
Clash Over Enforcement Of Two-Cent
Law Arouses Excitement.
STATES RIGHTS QUESTION UP
Governor GIenu's Threat of a Display
of Arms to Enforce Payment of
Fine r. Not Taken
Seriously.
(From a star Correspondent }

From a Star Correspondent
| WASHINGTON, July 27.-(Special. THE
clash between the state and federal au-
thorities in North Carolina growing out of
the enforcement of the 2-cent rate law In
that state has brought about 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 para
mount or else those who administer the
laws of the several states shall know the
reason why.
Railways throughout the country were
adopting the law passed during the last
congress amending the interstate COM
merce law and enlarging the powers of that
commission, with protests in order that the
constitutionalty OF the law might be passed
upon. Where state legislatures passed laws
in conformity with the federal law regu-
ating rates and especially where a fixed
rate of either or 215 cents a mile was
adopted the railways. i'm order to make their
case were accepting and putting into effect
an Interstate rate Of >, 2lA or Scent rates, as
the several state legislatures had decreed
under the usual protest preparatory to the
making of the case before the state courts
and OH appeal Immediately to the supreme
court Of the United States on the ground
of the constitutional question involved,
namely, confiscation OF property.
Everything seemed to be clear sailing;
the railways were preparing to take their
complaints to the supreme court of the
state in the most direct way and In the
event of the legislative act being upheld
by certification 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 with
Interstate and whether the present amended
insterstate commerce act was constitu-
tionaL The administration felt no fear Of
the outcome and everything was moving
along in an orderly manner when the North
Carolina case loomed up large upon the
horizon.
Governor Glenn starts Trouble.
Here was new phase which the ad-
ministration people had not anticipated.
And as II looks now promises to be of
serious consequence to those who believe
that the government is more powerful than
that state within certain well defined lines.
Governor Glenn OF North Carolina. after
the passage of the act by the North Caro-
lima legislature providing for 2-cent rate
on the railroads in that state and MAX
ing 1t misdemeanor on the part of the
railroad companies failing to put the rate
into effect with fine that in the judgment
OF the court should be ample, directed the
legal authorities of his state to impose a
hne OF $4,000 on the Southern Railway
company, one of the great railway corpora
tons OF the south, because its officers had
refused to put the rate into effect pending
juoicial review, and sentenced two Of it's
representatives OF the passenger depart
ment to hard work on the rock pile" and
IN the chain gang for thirty days.
The legal department of the Southern
Railway, believing that a gross Injustice
was being done the local representatives
OF their railroad who had no power what
soever to pay the fine imposed upon that
raliroad by the legal authorities of North
carolina applied to the circuit court, over
which Judge Pritchard presides, for a writ
OF haoeas corpus in order that the merits
oI the case might be argued impartially.
me application for this writ was granted
py Judge Pritchard, a former republican
ohteo states senator from North Caro-
ma and appointee of Theodore Roosevelt,
Judge Pritchard's Rights Questionea
And right here comes matter of serious
controversy. Whether Judge Pritchard
mad the right of interference in a mater
thst concerned the state wholly. and
"hether II would not have been the batter
practice to permit the case to go to the
supreme court of the state on application
ior writ of habess corpus. which being
refused would have naturally brought the
oase INTO the supreme court Of the United
states Immediately instead of q United
states circuit Judge taking Jurisdiction and
thereoy involving possibly different ou.s-
uohs ana greater length of time In which
the issue might be joined
Governor Glenn OF North Caroltna 4.
resented 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 Pritohard ,r
his interference" II such II be.
Washington officials have been con.,do-
ably excited over the incident for tbe,, 80.
In II the easiest way in determining the
constitutionality OF the Interstate con,n,or,.
law which Senator Foraker alleges Il. nm
constitutional
They see also in the controversy q cbsr..
for dSmagoEues to infiame the pubItc o,,.-
the question OF states rights as II ha. No,
been presented since the civil war Tb.
more conservative Of the cftisens bsra a..
hoperui that an issue will be framed nm
between North Carolina and the federal
government which will be satfsfactorv 70
the interests involved without any d,SpIa,,
OF armed forces as Governor eileen has ,n,
umated would be the case II the Soutbsvn
railway failed to pay the fine OF $4,000 i'm
posed Ths talk of impeachInS Judea
Pritchard Is, OF course purils II. -
committed no act that would warrant an
impeachment of his high once. He has
stayed wholly within his rights. tn. onIv
question that can at all be raised against
MN Is whether he was not hasty ana
whether he should not have permitted m.
"rit OF habeas corpus to be sued out in IN.
supreme court OF North Carolina before /
taxing the action which he did.
Ihe Southern Railway company. cas-.
however in North Carolina promises TO ha,
come cause celebre.
EHhHustinE the Coal supply.
recently there has been a great deal of