The Washington herald., 1907-07-29
BONAPARTE ON SITUATION.
Attorney General Discusses North
Carolina Case.


LenoX, Mass, July 2S-Attorney Gen
eral Bonaparte, who is at the Hotel As
pinwan. LenOx. Mass. made the follow
ing statement this afternoon in regard TO
the North Carolina situation:
1t is the duty of the Department of
Justice to see that process from all Fed
eral courts is duly served. This duty
exists without any regard to the nature
Of the litigation in which such process
may issue or the parties to the cause
On July Is the attention Of the Attorney
General was called to a reported purpose
on the part of certain State officials in
North Carolina to disregard writs Of
habeas corpus issued by Hon II. c.
Pritchard. judge of the Circuit Court.
on behalf Of some agents OF em-
ployes of the Southern Railway who had
been indicted for a violation of the re-
cent act Of the legislature Of North Caro-
Ina fixing maximum rates Of fare for
railway passengers
"On July 20 Assistant Attorney General
Edward I. Sanford was ordered to pro-
ceed at once TO North Carolina and report
what action, if any. on the part of the
department was necessary TO procure due
respect for the process of the Federal
Court in that State. In case Of emergency
he was authorized 10 take appropriate
action without reference No attempt
was. in fact, made To evade or resist the
service of the said writs or 70 obstruct
forcibly any other process Of the United
States Court, and Mr. Sanford was as
sured that no such purpose was enter
tanned. It was, therefore. unnecessary
for the department to take anv further
action 10 guard against such contingency
MI Sanford found. however. that there
was serious danger of d prolonged con-
fict OF jurisdiction between the Federal
and state tribunals.
such Incidents have been declared by-
The Supreme Court Of the United States
and are regarded by bench and bar. as
extremely unfortunate, tending TO impair
the dignity Of the judicial Office. and
70 diminish public respect for the courts
II has been the consistent policy of the
department to aid in avoiding. so far as
1t might have any opportunity to do so
complications of this character and in
accordance with this policy. Mr.. Sanford
suggested to the parties concerned a rea-
sonable arrangement. intended TO secure
an expeditions determination Of the oues-
tions at issue by the Supreme Court of
the United States without impairing the
ultimate rights Of any party TO the IItiga
ton. 1t proved impracticable to conclude
such an arrangement while he was in
North Carolina, and he left there FRIDAY
afternoon and came to Lenox. Mass. 10
report personally the entire situation TO
the Attorney General.
Ihe department learns through the
newspapers that since his departure an
arrangement has been enacted between
the railroad and the State officials As
70 the character of this arrangement or
tle attendant circumstances and merits of
the controversy il neither entertains nor
expresses any opinion, such matters being
entirely without its province.
1T is proper TO say that bevond ra-
cciying and referring to the Attorney
General a single telegram. the President
has had no personal connection wi+b tb.
entire transaction. and the printed re-
ports representing him as giving instruc-
tlons in connection with the case arc
altogether without foundation The sue-
gestions which have appeared in the nress
70 the eject that request for military
assistance or other extraordinary meas
ures Of that character were in contempIa-
ton. are also entirely gToundless.
me department never had any reason
TO suppose that il would find difficulty In
dealing with the situation through its ac-
c'tstomed agencies. The department has
had IN this matter a simple. but very
important duty to discharge. namely. to
see that due effect was given TO all orders
requiring executive enforcement passed By