The Caucasian. (Clinton, N.C.) 188?-1913, 1907-07-25

AshevIle, Special-On Monday
Judge Pritehard discharged Wood
and Wilson, the ticket agents, and
In doing SO files an opinion of 1000
words, in which he bases his action
on the ground that agents were pro-
tected by his injunction and have
night to sell at the old rate until
the new law is construed by his court.
Also because the penal features OF
the new law is unconstitutional, be-
cause it is so heavy as to be confsca-
tory and prevent the roads from con-
testing it,
The action of the court in declaring
unconstitutional the penalty clause of
the rate, while not entirely unexpecc-
ed here nevertheless excited intenste
interest. Prior to the rendering of
the opinion Judg Pritchard was re-
quested to postpone the decision lln-
til Speaker E. j. Justice could arrive
In Asheville, it being stated that he
was then on his way to this city.
1t was stated that Governor Glenn
had telepraphedthe request; but
Judge Pritchard declined to grant
this request, holding that the State
was ably represented.
Before Judge PJritchard Monday
afternoon I. j. Harmon, cited to ap-
pear and show cause why he should
not be attached for contempt of court
for disobeying the court summons
in the rate hearing last week, made
answer to the rule, disavowing any
intention or desire to bring the court
into contempt and was discharged.
Discharge Not Absolute.
In discharging Harmon the inter
esting and significant statement was
made to him by the court that, while
the respondent was discharged, his
discharge might not be absolute; that
the court was still considering the adj
visibility Of proceeding against those
parties who were responsible for the
action against Wood and Wilson, evi.
IDENTIFY meaning Police Judge Spea.s
Reynolds, J. B. Wells and others who
| made affidavits and swore out the
warrants on which Wood and Wilson
were arrested, convicted and senten-
ced to road service for violating the
State law.
Judge Pritchard decision in the
habeas corpus proceedings and rail
road rate law is as follows:
United States of America, Western
District of North Carolina, in the
Circuit Court
In re James H. Wood petitioner.
This is an application of the pc
titioner Jas. II. Wood, to be dis
charged on a writ of habeas corpus
from the custody of the sheriff OF
Buncombe County.
The petitioner was indicted on q
charged Of having violated the pro.
visions Of section 4 of an act passed
at the session Of the Legislature OF
North Carolina, of 1907, prescribing
maximum charges, railroad companies
may make for transporting passen.
gers in North Carolina, tried and con
victed and sentenced to term o1
thirty days imprisonment to be work
ed upon the public roads of Bun.
| combe county.
Some time since suits were institu
ted in the Circuit Court Of the United
States for the Eastern district O.
North Carolina by several railroad
companies against the Corporation
Commissioners of North Carolina
The Attorney General and the As
sistant Attorney General of tha
State, for the purpose Of obtainin.
protection of the fourteenth amend
ment to the constitution Of the Unit
ed States against an act Of the Leg
islature of North Carolina establish
ing maximum rates which such com
panies claim to be confscatory, ant
on a prima faeie case motion wa
made before me for interlocutary In
| juctions.
| Accordingly, on the 29th of Jun
| [ issued injunctions pendentelite ed
joining the defendents and all othe
persons from putting the rates int
| effect during the inquiry before me a
to the constitutionality Of the same
and from instituting prosecutions o
attempting to impose penalties upol
the companies, or their employees TO
failre to put into effect the statutor.
rates which are being contested. Th
court amply preserves the rights o
| all the travelling public by requiring
coupon to be given to each pun
chaser evidencing the amount to b
refunded to him in the event the rate
should be upheld and to secure tn
same ample bond and security wer
given.
This was in accordance with th
policy of the statutes of North Care
| lima where a rate made by a CON
mission is attacked. / thereupon re
i ferred the matter to master to as
certain and report his conclusions t
me, and to avoid delay, required hin
! in the order to make his report b