The Washington herald., 1907-07-30
GLENN PUBLISHES
RATE AGREEMENT
CONTINUED FROM PAGE ONE.

then these provisions of the Constitution
would become dead letter, as there
would be no means of enforcing them"
In his answer granting the petition
Judge Pritchard stated:
After a full and complete hearing Of
the matters raised by the pleading in
these causes. injunctions, pending the
hearing Of the questions involved In the
original suits. were granted. The court,
in granting such injunctions. followed
the course pursued by the Supreme Court
Of the United States In the cases of
Smyth VS., Ames. Regan VS. Farmers
Loan and Trust Company, Getting VS.
Kansas Stock Yards Company, and
Prout VS.. Star, and by the Circuit Courts
Of the United States In numerous other
cases.
The effect of the order restraining the
corporation commission Of North Carolina
and others was to preserve the rights Of
the parties until the master TO whom this
cause had been referred could have an
opportunity 10 report the facts, and there
by enable the court to correctly determine
whether the act in question is cOnfls-
catory, and in order to protect the travel
ing public the compliments were required
10 give ample bond and security to secure
the payment into the registry Of the court
of sum sufficient to pay the difference
between the present rate ard the pro-
posed rate TO those who might in the
meantime purchase tickets.
The defendants could have appealed In
those cases. They fled an answer. and
the causes were then and there referred
10 master. in order that the evidence
might be taken.
Estate Rights Not Involved"
1T is unjust to say that the question
Of State rights is involved in this con-
troversy 1t is equally unjust to insist
that what the court has done In the
premises was an interference on the part
Of the Federal court with the State
courts however. On the other hand.
there has been a manifest disposition on
the part of the State officials 10 interfere
with the Federal court in its procedure
to do equal justice between the com
plainants and the defendants"
When the motion for an interlocutory
injunction was made in these causes.
there was full argument before me by
counsel representing the cOmplainants and
by counsel representing the defendants.
the members of the corporation commit
tee, the attorney general, and the assist
ant attorney general Of North Carolina
This argument lasted over several DAYS
and covered all points at issue. Upon this
argument and my consideration OF the
case I entered the interlOcutory injunc-
tons. On a subsequent occasion the mat
ter was again presented TO me on the trial
Of a writ of habeas corpus. I then deliv-
cred a written opinion. which states my
views Of the law.
Has Not Changed Views
4 feel no doubt as to the soundness of
these views, nor as to the Jurisdiction OF
this court, nor its right and duty to enter
the interlocutory degree. nor, in order TO
protect the Jurisdiction Of this court. TO
discharge on habeas corpus the persons
who had been arrested by the State au-
thorities for compliance with the orders
Of this court AS the defendants failed TO
appeal. that order Of this court awarding
the said interiocutory injuncuons. nothing
remained except for this court 10 pursue
the orderly consideration Of the cases and
meanwhile to protect its jurisdiction and
its processes when action on its part was
lawfully invoked
The court still considers that It
would be its duty to continue this pro-
lection whenever its action on its part
was lawfully invoked. but as the com
plainants for the protection Of whose
rights the interlocutory DEGREES were en-
tered now move the court permission 10
surrender the protection OF said order
to the extent indicated in their respect
i've petitions, there is nothing for the
court to do except grant the permission
prayed"
Agent Wilson Freed Again.
Southern Railway Ticket Agent Wilson.
who was arrested Saturday morning. at
the time Of President Fiuley's arrest.
was discharged to-day by the police JUS
tice in the City Police Court. and the
case against Wilson was dismissed.