Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-18
A NOTABLE CONTEST
Legal Fight in North Carolina
Over Railway Rates.
INVOLVES STATES RIGHTS
Two Jurists Dealing With Delicate
Question.
ON TRIAL FOR MISDEMEANOR
Sentenced to Pay Fine and Penalty or
Given Thirty Days Work on
County Roads.
INVOLVES STATES RIGHTS
N TRIAL FOR MISDEMEAN0R
Special Dispatch to The Star.

Special Dispatch to The Star.
RALEIGH, N. c.. July 1s-United States
Circuit Court Judge Pritchard arrived In
Raleigh from Asheville this morning, and
at this hour Q0:3W he Is holding consul
tation and attending to some legal matters
in the federal court room, of the nature OF
which no will give informa ton.
Just south of him. in the county court
house (Which is the next building). with
only about fifty feet of park between the
two buildings, sits Judge Long Of the state
superior court.
The two jurists about whom centers
legal question of such magnitude that the
whole country is sitting up and taking no.
tice of the developments in the pretty, II
dangerous, fight. involving states rights
and national judicial authority, are sitting
within speaking distance of each other.
Were they to raise the sash to the window
by their benches and poke their heads out.
they could easily carry on a conversation
i'll an ordinary tone of voice.
But the entente cordiale is such that even
a little barley is not expected to eTentuate
today.
Both jurists are men Of bulldog te-
nacity and coura geous temperament, ana
both learned in the law.
It's in the atmos phere for something I'M
usual and extraordinary to occur TO-DAY.
Green's Trial Ordered to Begin.
When Judge Long opened the state SUI
perior court this morning he Immediately
and with a decided air ordered the trial
of the Southern railways city ticket agent
here T. E. Green. to begin.
He would listen to no further argument
from General Counsel Thorn of Washing
ton and the local attorneys for postpone
ment or continuance. the argument last
evening having been thorough and spirit
I1I Co, hon hod OF a rod
Under the circumstances the defense
stands mute
Judge Long then paved the way for get
ting the trial under way before Judge
Pritchard could arrive in this city by or
dering the clerk to enter a plea of mot
guilty" for Green. Still it was hardly ex-
p,cted that the trial would be ordered the
first thing this morning.
The Southerns lawyers are accepting the
situation for the time being with as good
grace as possible, and the selection of the
jury is now in progress in the Green case.
General Attorney Fabius H. Busbee exam
lining veniremen presented for the defense.
The entire day in the state superior court
up to the hour of adjournment for dinner
was consumed in the selection of the jury
in the case against T. F. Green, city ticket
agent OF the Southern railway. There was
great difficulty in securing the twelfth
man. Court meets again at o'clock. but
1t is not probable the case will get we'll
under way until late. Judge Pritchard
dined at the Marlboro Hotel. He has not
yet disclosed his hand.
The twelfth juror was selected in the
Ticket Agent Green case at 1:15 clock and
the court adjourned until O'Clock, when
the taking of evidence will begin.
Two Sentenced at Asheville.
Judge Reynolds of the Asheville police
court today tried and sentenced the two
Southern railway ticket agents Wood and
Wilson, who were arrested again last night
Drit vtaI Doll iot
They were ordered to pay the fine and
penalty prescribed in the new state rail-
way passenger reduction rate bill. This
they refused to do or to give bond to do.
The justice then sentenced them to
thirty days at hard labor on the county
convict chain gangs, to work on county dirt
roads.
Judge Pritchard having left Asheville
for Raleigh no habeas corpus writ, like
that which released the prisoners yester-
day. could be secured.
A later special received in Raleigh at
noon says that Judge Boyd of the United
States district court is at ToXaway Inn,
not far away, and that he will be applied
to late this evening for writ to release
Wood and Wilson.
Judge Pritchard here when informed
Of the return to the attack Of the Ashe-
Vile city court justified did not seem we'll
pleased. The excitement and tension are
hourly increasing
Found Guilty and Sentenced.
ASHEVHLE, N. c., July 1S.-James H.
Wood. district passenger agent, and Ticket
Agent o. C. Wilson of the Southern rail-
way who were arrested late yesterday aft
ernoon after the departure of Judge Pritch-
ard for Raleigh, were today found guilty In
the police court of selling passenger tickets
in disregard of the new rate law. and each
sentenced to thirty days on the chain gang.
Mr.. Wood is a member of the board of
aldermen of this city. Little doubt Is felt
that some way will be found to save Wood
and Wilson from serving this sentence.
Witherspoon Case Withdrawn.
CHARLOTTE. N. c.. July 1S.-The case
against City Ticket Agent T. J. Wither-
spoon of the Southern railway here against
whom d warrant was sworn out yesterday
for charging more than "a cents per mile
for railroad tickets was Withdrawn today
In the recorders court. for the reason that
similar cases are being tested In Asheville
and Raleigh.