The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1907-07-25

OI WHeiO Judge Jones Is
sued an INDUCTION and also in the
State Of Georgia, where Judge New
man pursued the same course.
Notwithstanding the United States
Circuit Court has thus taken juris-
dieihn of the whole matter, and was
proceeding in an orderly way with
its consideration, the evidence shows
that the Governor of North Carolina
has Issued an address to the judges
of the Superior Courts of the State
questioning the authority of the court
to make the order referred to and
asking them to see that indictments
against the agents and employees of
.the4dailroads and its officials be sent
before the grand jury in order that
the State may undertake the prosecu-
tions which are enjoined i my order,
and stating that as Chief Executive
of the State, he stands ready to aid
them in enforcing the law In ac-
cordance with this policy a number
of indictments have been found and
prosecutions begun in defiance of the
order of injunction issued by the
United States Circuit Court. If
these prosecutions r permitted and
continued, the result will be to nullify
the Injunction which was granted by
the Circuit Court and practically de-
feat it's jurisdiction. Not only are the
rights of litigants involved, but the,
dignity and authority of the Circuit
Court of the United States as well.
These prosecutions and arrests tax
ing place in widely separated portions
of the State present serious difficult
ties in the matter and this court is
confronted with open and avowed OPP
positions by the powers of the State:
Obstacles are being thrown in the
waysof, inquiry by this court on writs
writs OF habeas corpus into the Legal
itI of arrests, and this seems to be
the deliberate policy of those repre-
senting the State / do not wish to
be understood as imputing improper
motives TO the Governor or other
State officials as respects their action
in this matter. The penalties pre-
scribed by the State statute for
charging mora than the statutory
rates are sa numerous that if per-
mitted to be enforced they would
practically bankrupt the railroads in
an exceedingly brief time and before
a final hearing could be had in the
case and thus placethe complainant
in a position where it would be pow
edless to assert the rights which IS
guaranteed to it by the constitution
of the United States.
If the criminal prosecutions against
TIE agents, conductors and employees
are permitted to continue the mana
gers of the railroads cannot success
fully operate their trains, carry the
mails or continue their usefulness in
Interstate commerce.
The constitution of North Carolina
contains ample provisions for the pro-
lection and preservation of the lib
erty of the citizen.
Article 1, Section IS, contains the
following:
"Every person restrained of his
liberty is entitled to a remedy to in
qni1e into the lawfulness thereof, and
to SGch remedy ought not to be de-
med or d~Ciayed.'
Section 81 of the same article also
provides:
"The privileges of the writ of ha-
beas corpus shall not be suspended
Section 1921 of the revisal of North
Carolina lis as follows:
"Every person imprisoned or re-
strained of his liberty within this
Statc for any criminal or supposed
criminal matter II on any pretense
whatsoever except in cases specified
in the succeeding section, may prose-
cute a writ of habeas corpus accord
ing to the provisions of this chapter,
to inquire into the cause of such i'm
prisonment of restraint and if illegal
to be delivered therefrom." =
Section 1920 of the same chapter
is the only law of which 1 have any
knowledge which imposes upon a
Judge a penalty for a failure to per-
form a judicial act. The section
question reads as follows:
eff any judge authorized by this
chapter to grant writs of habeas cor
pus shall refuse to grant such writ
when legally applied for, every such
judge shall forfeit to the party ag-
grieved $4,000"
Thus it will be seen that the State
constitution of North Carolina as
well as the statutory law affords am
pie protection to every person -yho
is deprived of his liberty without d.
process of law, and such being the
case, it is remarkable that anyone
representing the State should be or
posed to the granting of the writ OF
habeas corpus Likewise the consti-
tuition of the United States and the
revised statutes afford every citizen
of the Union when imprisoned co1r
trarY to law protection to the fullest
extent by the writ of habeas corpus.
Article L, Section 9, C. 1, 2, Of
the constitution of the United States
is as follows: ts3
EFThe privilaoeS of tha writ Of ha-