Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1907-07-25
United States Circuit Judge PritChard
Declares that the Rate Law
Clause is Void.
SAYS PENALTY SECTION
Is UNCONSTITUTIONAL.
Penalties Inflicted by Statute in North
Carolina WOuld Close Doors 10 Judicial
Hearing and Would Amount 10 M,linnx =
Dsy-Agents Are DiSchArg. d.


by United States Judge Pritchard to-
day. James H. Wood, district passen-
ger agent of the Southern, and {. Will
son, the ticket agent of the same road.
who were recently sentenced to thirty
days on the chain gang for violation cf
the law, were discharged on Aabe IS CIR
pus proceedings.
In his decision Judge Pritchard said
that the penalties inflicted by the stat
ute would close the doors to a judicial
hearing and would amount to two and a
half million dollars day if the penalty
was enforced on the sale of each ticket,
which is eight times more than the
amount involved in the original suit.
Also, that it would do violence to the
comfy which exists between the State
and Federal courts. While not imput-
ing any improper motives to officials or
State courts, Judge Pritchard remark
ed that if such course of conduct was
permitted to be pursued it would have
the effect of defeating the jurisdiction
OF the United States courts.
Continuing, Judge Pritchard said:
ut will be a sad day for the people
OF North Carolina when it's citizens are
prohibited by acts of legislature from
asserting any right guaranteed to them
by the constitution of the United States.
Suits of this character have been
brought in different States of the Un-
ion, and in every instance Federal
courts have proceeded to determine
questions involved without interference,
hlndrance or delay by Legislative or ju-
dlcial authorities of such States.
The equal protection of the law is
guaranteed to every citizen of the
United States, and shall employ all
means within the power of the court to
secure to all persons who may invoke
jurisdiction of this court such rights to
the fullest extent of the law. If the
law is construed in a spirit of fairness
and impartiality, there can be no con-
filct OF jurisdiction between the State
courts and the courts of the United
States.
In this instance, the Federal court
has not been the aggressor, but has
simply adopted the regular practice and
procedure which has been approved by
the Supreme Court of the United States
IN case of like nature and while the
court is not inclined to do anything that
Will produce an unseemly conflict, new
ertheless, it is incumbent upon it to
protect the rights of the parties to this
controversy and the dignity and author
lty OF this court. This cannot be ac-
complished without pres erving to the
fullest extent the jurisdiction of the
court in determining the question which
has been submitted to it for considera-
tion.
IF, in pursuing the well-defined prac-
tice and procedure, with the sole view
OF maintaining the jurisdiction of this
court at any stage of proceedings, con-
tiict must come, and trust that it NAV
not, shall not evade the responsibility
which is nposed upon me as the presi-
ding officer of this court"
Judge Pritchard added:
"This court is confronted with open
and avowed opposition by the powers of
the State. The penalties prescribed by
the State statute for charging more
than the statutory rates are SO enor-
nous that if permitted TO be enforced
they would practically bankrupt the.
railroads in an exceedingly brief time.
and before final hearing could be had
In the case, and place the complainant
in position where it would be power
less to assert the right guaranteed to it
by the constitution of the United
States.
IF the criminal prosecutions against
the agents, conductors and employees
are permitted to continue, the mana
gers of the railroads can not successful
ly operate their trains, carry the mails
or continue their usefulness in inter
state commerce.
The State constitution as well as the
statutory law, afford ample protection
to every person deprived of liberty with
out due process of law. 1t is remark
able that anyone representing the State
should oppose the granting of the writ
of habeas corpus"
Judge Pritchard added that the Fed
eral constitution and the revised stat
utes afford similar protection.
much has been said in regard to the
power of court of equity to enjoin the
prosecution of criminal case. In the
case of Dobbins VS.. Los Angeles, Su-
preme Court Justice Day, who deliver
ed the opinion of the court, in discuss
ing this phase of the question, said:
'1t is well settled that where proper
ty rights will be destroyed, unlawful in