The Montgomery advertiser., 1907-07-30
Circuit Courts of tho United states in

Circuit Courts of the United States in numerous other cases.
 ''The effect of the order restraining the corporation commission of North Carolina ct al, was to preserve the rights of the parties until the master of whom this cause had been referred could have an opportunity to report tn efacts and thereby enable the court to correctly determine whether the act in question Is conf1scatory and in order to protect the travelling public. the compliments were required to give ample bond and security to secure the payment into the registry of the court a sum sufficient to pay the difference between the present rates and the pro- posed rate to those who might In the meantime purchase tickets
 The defendants could have appealed from my order granting temporary injunction, but they failed to do so. Instead of appealing in these cases. they filed an answer and the causes were then and there referred to mas ter in order that the evidence might be taken.
 Tt is unjust to say that the ques- tion of State rights is involved in this controversy. It Is equaliy unjust .o 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 manifest dis- position on the part of the state or ficials to interfere with the Federal ! Courts in its procedure to do equal justice between the complainants ana the defendants and in the exercise or these powers necessarily lncioeht to the protection of its Jurisdiction.
 of this kind of obstruction should prevail and citizens are thus to be denied ti., rights guaranteed them by the constitution of the United Sstates' then those provisions of the constltu- tion would become dead letter as there would be no means of enforcing them"
 After referring to his recent decision in the North Carolina case Judge the constitution of the United states Pritchard continues:
 II feel no doubt as to the soundness of these views. as to the jurisdiction oi this court not its right and duty to enter the interlocutory decree; nor. Tn order to protect the jurisdiction of this court to discharge on habeas corpus the persons who had been arrested by the State authorities for compliance with the orders of this court. AS the defendants failed to appeal from the order of this court. awarding the saio interlocutory injunctions. nothing re- mained except for this court to pursue the orderly consideration or the case and meanwhile to protect, Its jurisdic ton and its processes when action or it's part was lawfully invoked The court still considers that 1t would b< its duty to continue this protection whenever its actions in the premises should be lawfully invoked. but as the complaints for the protection of whose rights the interlocutory decrees were entered now move the court for per mission to surrender the protection o' said order to the extent indicated IT their respective petitions. there II nothing for the court to do excep grant the permission prayed"
 In his letter to the public Governor Glenn reviews the passage of the rat' bill and the judicial proceedings priol to the finding of indictments agains the railroads in the State courts ant says:
 Not believing that the circuit judge in an equity court by enjoining th' corporation commission and attorney general could prevent a self-acting law from going into effect, I commenced to prepare a letter to the judges ant an address to the people when on th' Sth of July. 1907. the Hon. R. F. Long one of the ablest and most conscienti ous judges in the State. of his owr motion. charged the grand jury o Wake County that it was its duty te immediately indict the railroads fol violating the rate law. At once I as sured Judge Long of my hearty ap proval of his righteous stand and my intention to assist him in upholdine the law My letter was forwarded tt the other judges and indictments wer' made in Wake and other counties Many penalty suits were also com vate individuals. The railroads ther aplied to the circuit courts to enjoir private persons from bringing penalt, suits and to take the persons arrested and convicted in the State courts from the officers of that court by the wri of habeas corpus to the federal court Relieving this was not warranted by every legal way; directed the State at torneys to appeal from such action ant requested the State courts to continue to enforce the law. This brought about a direct conflict between tht State and federal courts, a matter thai I regretted, but could not under my oath avoid.
 At this crisis Assistant Attorne! General Sanford. representing the De partment of Justice at Washington came to see me to try to adjust all diff ferences. I told him that under thu Constitution could not and would no attempt to annul State law. but If tn, railroads would obey the law and le it immediately go into effect, all mino details would be adjusted. At his re quest I put my ultimatum in writing and published it. Nothing was to b.