Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-12-12
that $4,000 fine.
A Digest Of the Supreme
Courts Opinion.

GUuEl ) UpllIlUll.
JUDGE Brown in His C0RCufFiDg OpiR-
ion With the Majority Of the Court
Takes Issue With Chief Justice
CIark's Dissenting Opinion as to
Calling the Legislature In Extra
Session.
AS published in our telegraphic re-
ports yesterday afternoon, the Supreme
Court has reversed Judge Long, of the
Superior Court, in the matter of $780,
900 fine imposed on the Southern Rail
way Company for selling passenger
tickets at d rate in excess of IA cents,
the State rate At the same time the
opinion affirms the act of the court and
the constitutionality of the legislative
act in prescribing punishment Of agents
and officials of the road for selling tick
cts at an excess rate, the bringing OF
penalty suits for $500 each by individ-
uals against the corporation for v1olat-
ing the law, and holds that the Federal
Court has no authority to issue an in
junction against bringing suits, crim1-
nal or civil, against the railroad, as 1t
would, in thus enjoyn1ng a criminal
action, be bringing a suit against the
State, which is forbidden by the United
States law ,as the act of the Legislature
was selfoperating as to passenger fares
and required no action on the part OF
the State officials.
The opinion is that of four justices of
the Supreme Court and is dissented
from by Chief Justice Clark, who holds
that if an agent can be fined or impris-
oned the railroad can also be fined
as a punishment for its acts in causing
an agent to sell tickets at illegal rates.
In his dissenting opinion he intim ates
that the Legislature should be called to-
gether in special session so as to make
the act so explicit that the railroads can
be punished by fines.
Associate Justice Brown in a con-
curing opinion with the court says that
there is no need of an extra session OF
the Legislature; that if the act as il
stands is enforced the railroads could
not stand weeks violation oft.
The opinion sets out the following
four points:
First-That there was no error in
Judge Long compelling a trial on the
case.
Second-That the Federal Court in
juction was no defense to a criminal
action. no power lying in the Federal
Court to enjoin a criminalprosecutio
Third-That the rate law was self
executing in effect, and that no suit
against the State will hold in defiance
of the eleventh amendment to the Con
stitution.
Fourth that where civil penalty il
prescribed againsts corporation. fol
lowed by the creation of criminal of
tense against the agents of the corpora
ton, the civil penalty first prescribed
relieves the corporation of punishment
by indictment under the criminal of
fense createdlagainst the agent.
The court holds that the defendan
received anIabsolutely fair trial before
Judge Long,E but that there was NJ
criminal offensel charged in the bill o
Indi ctment against the Southern Rail
way Company, the offense of selling
tickets over the@s2 1-4c. rate being
charged against Ticket Agent Green
who was punished by fine.
The act of the Legislature prohibits
charge above 2R1-4c. per mile and the1
provides, ,sections -four, that any railroad
company violating the provisions o
the act shall be liable to penalty o
$500 and the agent is guilty of a misde
meanor. Thedoctrine is that wher
an offense is created by statute and tn
same statuteSprescribes the penalty, o
the mode of procedure. only that indi
Gated by statuteashan be followed.
But whereithe offense is at commoi
repugnant to the common law are cum
ulative and either law may be followed
Where an offense is prohibited, but i
silent as to any Spenalty, an indictmen
will lie, but wherean offense is prohib
tied and a penalty is imposed, no in
dictment will lie, and hence the judg
ment of the lower court is reversed.
@-@-@
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10 days. A large assortment to seIec
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