Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-30
Petition Filed by North Carolina
Lines Takes Parting Shot at
the Governor and State
Authorities,
COMPLAINT DESIGNED TO
INTEREST SUPREME COURT
III Treatment and Coercion by
InfIamnatory News papers
and Designing Politicians
Alleged by Petitioners,

IBy Morning journal Special Leased wire.l
Asheville July ga parting shot at
the state authorities in the railway
controversy was fired through petit
tions the Southern Railway company
and the Atlantic Coast line filed before
Judge Pritchard today, asking that
his interlocutary injunction be mOdi- q
fled i'm accordance with the 'oeace'
agreement reached Saturday at RAJ
leigh between Governor Glenn and
the railroads. Both the roads filed
petitions very similar in tenor which
explained a conference here today be-
tween the attorneys representing the
two roads The Southern railway re-
counts the entire history of the rail-
way cases and includes protest
against what the roads regard as their
ill-treatment, this protest and recital
Of facts being designed for the pefusdl
of the supreme court of the Unitcl
States as well as for the public. The
railroads declare, in effect that they
were clubbcd into becoming party to
the agreement effected at Raleigh The
public mind had been inflamed by tn
newspapers and the uttCrances of poll
ticians and the agreement was only
assented to, it is asserted, under du-
ress. because Of threats Of an extra
session OF the legislature when the eN-
pectation that worse things would
happen to the roads. The South
ern Railway company. says tho
petitioner. Was confronted with "A
question as to whether "a proper sense
of its duty TO the peace and good
order Of the state, proper considera-
tion of its obligations 10 perform its
duties as a common carrier In state
and interstate business and its obliga
ton not to subject its employees TO
haraSsng prosecutions, arrests and
Imprisonment would Justify Ii IN
longer claiming its constitutional right
10 the protection of the interlocutory
order authorizing il TO continue until
he hearing. the existing rate of pas
senger charges, or whether ii was not
best to cease the unequal conflict with !
he united powers of the state. The
southern does not lose sight, contiu- |
les he petition. of the momcntous ma |
ure of the claim asserted by tho /
state. If these state claims can be |
sustained II is pointed out II means I
hat. through the agency of the Grim
nal laws, "A state can take the use of /
without compensation for the /
tme between the enactment of sta-- /
lte bv its general assembly and tho /
inal determination of It's constitution
llity If this claim of the state be |
Upheld. state could fix the rate at
me cent and If the companies were
compelled to observe this low rate,
Notwithstanding the fourteenth
amendment forbids IT, the state has
he power TO take during the period
the property of company
Without compensation. With refer
nee tO the coercion and "intimi-
ity'' employed to drive the railroad
rom the courts. to the extent men
ioned. special mention Us made of the
ctivity of Governor Glenn against the
Dads. In fact, the statement Is made
hat the governor directed the coercive
measures
The request to make changes was
rantcd by Judge Pritchard, who, ia
laking the revised order, made a
angthy statement saying that the
pplication now made to modify tho
11unction heretofore granted in these
auses present a condition Of affairs
in the official an
ais Of this country.
THE effect OF the order restraining
he corporation commission Of North
arolina. et al" said Judge Pritch
I'd, was to preserve the rights pf 4
ne parties until the master to whom
MS cause had been referred could
ave an opportunity 90 report the
acts and thereby enable the court to
)rrectly determine whether the act ~
question Is coniscatOry. In order
} protect the travelling public the
1mplainants We're required 10 give I J
mple bond and security to secure the Z
ayment into the registers OF the cour, ,
sum sufficient To pay the difference {
etween the present rate and the pro- I
osed rate Of those who might i'm the
eantime purchase tickets. The de- ,
'ndants should have appealed. nut t,
icy have failed To- do so. Instead oe :
ppealing In these cases. they have /,
led an answer and the causes were 7
len and there referred Go a mas ,
T in order that the service might be g
ken. G
"It j. unjust to say the question Of q
ate rights is involved IN this con- d
oversy. II Is equally unjust 10 insist J
Iat what the court has done in fhe
-emises was an interference on the Z
irt Of the federal court with the state
'urts However. on the other hand. 4
ere has been a manifest disposition
the part Of the state officials to In a
rfere with the federal court in its J,
'occdure 10 do equal Justice betwec. !
e compiainants and the defendants =
the exercise OF these powers neces-
rily incident To the protection Of It's .
n this kind Of obstruc- "
ln should prevail and citizens ara n
us to be denied the rights guaran- q
ed them By the constitution 81 tho %
nited States. then the provisions 80 r
e. constitution would become a dead h
tier and there would he no means 0f =
lforcing them.
As the defendants failed 10 ap- !
al from the order Of this cntr-f ] "
varding the iuferlocufory infunc- 9
ms continued Judge Pritchard. y
'othing remained except for this 2
uFt % pursue the only consideration %
The cases and meanwhile 10 protest y
Jurisdictions and its processes when a
G ia Har1 LIS . ~