The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23

AsHEv1LLE, N. c.. July s2.-judse
Jeter G. Pritchnrd to-day handed down
the following opinion In the North
Carolina rate case, the full text OF
tho decision being given:
United States Of America Western
District OF North Carolina, IN the
Circuit Court, in re Jas Fl. Wood.
Petitioners.
This IL an application OF tho petit
tioner, Jas. II. Wood to be discharged
on writ Of habeas corpus from the
custody OF the sheriff or Buncombe
county. The petitioner wa indicted on
charge of having violated the pro-
visions OF section = OF an net passed
North Carolina Of 1907. prescribing the
maximum charges railroad companies
may make for Transporting rassensers
IN North Caroina,. tried and convicted
and sentenced to term Of thirty
days imprisonment to be worked upon
the public roadsEof Buncoihbe county,
Some time since suits we're insti-
tuted In the Circuit Court OF the United
States for the Eastern District OF
companies against tho Corporation
Commissioners OF North Carolina, the
Attorney. Genera and the Assistant At
tcrney. GeneralSof that State. for the
purpose OF obtaining protection OF the
fourteenth amendment 10 the Consti-
tuition OF the limited States against
an act OF the Legislature OF North
Carolina, establishing maximum rates
which such companies claimed to be
confiscatory. and on a prirna facie case
motion was niqde before me for IN
tcriocutory injunctions
Accordingly. on the a9th or June,
ISSUED injunctions pendentc lite. enjoin-
ing the defenJuntJ and all other per-
sens from putting the rates into effect
during the inquiry before me as to
tho constitutonality OF the same and
from fnRtitnting prosecutions or at
tempting to impose penalties upon the
companies or their employees for a fail
ure to put into effect tho statutory
rates which are being contested. The
court amply preserved the rights OF
all the travelling public by requiring
coupon TO BIO given to each pt1r-
chaser evidencing the amount to be
refunded to him in the event the rates
should be upheld and to secure the
same ample bond and security were
given.
This was in accordance with the
policy Of the statutes of North Caro-
lima. where rate made by the com
mission Is attacked
thereupon referred the matter to
master TO ascertain and report his
conclusions to me, and to avoid de-
lay, required him n the order to ma X
his report by the 25th or September
ana hxed the hearing for the irst Mon.
DAY IN october, SO as TO give the par.
ties opportunity TO lave the questions
involved finally detelmlned by the Su.
s PreHe Court at the earliest possible
moment.
There was nothing unusual in tn
pfoceedlnss which were instituted be
loresme by the several railroad compa
MES In the State Similar suits han.
been instituted II, the State OF Alaba ,11f
E Where Judge Jones issued an injunc
iion,, and also in tho State OF Georgia
where Judge Newman pursued the sam
course
Where Glenn stcpa In.
notwithstanding the United state
Circuit Court had thus taken jurigdic
ton OF the whole matter. and was prc
ceeding IN an orderly way with 1,
confederation. the evidence shows ira
the Governor of North Carolina has il
sued an address TO the Judges OF til
superior courts of the State questionin
Il the authority OF the court to make til
order referred to. and asking them ,
see that indictments against the agen,
and employees OF the railroads and /,
officials be sent before the grand jur
In order that the State may undertaI
the prosecutions which are entoned ,
my order, and stating that, as Chic
Executive Of the State, he stands read
to aid them in enforcing the law. /
accordance with this poilcy, a nura he
i OF indictments have been found an
prosecutions begun IN defiance OF IT
order OF Injunction Issued by the Unite
States Circuit Court II these prosecl
I'm 90 r,at> t.S = -,
result will be to nulify the injun,
ton which was granted by theN Circu
Court. and to prac tically defeatNits j,
risdiction.
Not only are the rights Of lltigan
Involved, but the dignity and authori,
of the Circuit Court OF the Unite
States as we'll. These prosecution
and arrests taking place In wide,
Separated portions OF the State presel
serious difficulties In the matter. ar
Nils court Il confronted with open ar
nvowed opposition by the powers
The State. Obstacles are being throw
In the way OF inquiry BY this cou
on writs OF habeas corpus into Il
b legality OF arrests. and this seems
be the deliberate policy of those repr
eentng the State. i do not wish
be understood as mputng improp
motives to the Governor or other sta
officials as respects their action
this hmatter. The penalties prescribe
by the State statute for chargir
more than the statutory rates are
enormous that t permitted to be G
forced they would practically ban.
lupt the railroad in an exceeding
fbrief time, and before final hearii
could be had in the cause. and til
place the complainant in a positi,
where It would be powerless to asse
the right which Is guaranteed to
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