The Washington herald., 1907-08-28
UPHOLDS HIS COURSE.
PritchaPd Gives Decision in
North Carolina Case.
STATE mot PARTY TO SUIT"
Federal Judge Reasons Somewhat
Peculiarly I'm Reaching His Con-
cTusion-Holds that Complainant
and Travelling Public Alone Are
Interested in Effort to Break Law.

Asheville, N. c., Aug. 27.-Judge Pritch-
ard, in the United States Circuit Court
here, in a long-expected opinion, an
nounced to-day in the case of the South
ern Railway against the corporation COM
mission and the attorney general Of North
Carolina, upholds the jurisdiction of his
court In the Issuance OF the recent injunc-
tions against officials during the railroad
rate controversy. and declares that the
suit is not one against the State within
the meaning of the eleventh amendment
to the Constitution Of the United States.
That amendment holds that the judicial
power OF the United states shall not ex-
tend TO any suit against a State by citi-
zens of another State. The decision says
State legislature cannot so frame an act
as TO deprive a citizen of right vouch-
safed him by the Federal Constitution,
and 1t does not possess the power Ito de-
privc this court of its Jurisdiction, and the
sooner those questions are definitely de-
termined the better IT viii be for all par
ties concerned"
Defines Commissions Power.
The decision holds that the Corporation
Commission is still charged with making
rates, the only limitation on its powers
being that it shall not make maximum
rate In North Carolina in excess of 2A
cents mile. The Corporation Commis-
sion and the Attorney General are spe-
cially charged with the duty Of securing
the enforcement Of Section OF the pas
senger rate act which provides heavy
penalties and fines for a failure OF rail-
roads and their officials TO comply with
that act"
All laws in existence on the passage Of
that act bearing on supervision and con
troll Of railroads, &c. are 10 be con-
strued In connection with the rate act
1T is inconceivabie, the decision says,
that Circuit Court OF the United States
in the exercise Of its Jurisdiction should
be p0werless 70 afford a remedy 70 one
who seeks to assert a right which is guar
anteed by the Constitution OF the United
States. This is in no sense suit against
the State, nor can II be successfully con-
tended that the state Is In any wise
party IN interest. in so far as the merits
of the controversy are concerned. 1t can
not be reasonably insisted that this is a
suit 20 prevent the State from enforcing
any right which It possesses. nor can It
be said TO be a suit to compel the per-
nor does II in any wise involve a matter
in which the State has a pecuniary inter
est. the parties In interest being complain
ant on the one side and the travelling pub
lie or the other.
Involves Individual Rights.
Therefore, the questions presented are
not such as to warrant the assumption
that this court is without Jurisdiction.
and a careful study Of the circumstances
attending the adoption Of the eleventh
amendment. as we'll as the end to be
obtained by the adoption Of the same.
show conclusively that those who were
responsible for It's adoption never dream
ed that Il could be used as a means Of
depriving an American citizen OF a sub
stantial right conferred upon him by the
Constitution OF the United States.
The eleventh amendment. being a part
OF the Constitution, must be construed
so as TO give fun force and effect TO
every provision OF the instrument OF
which il forms a part Any other con-
struction OF this amendment would prac-
ticaIly nullify that clause OF the Consti-
tuition which provides that no State shall
pass any laws impaiTing the obligations
Of contracts, as well as the fourteenth
amendment"
The opinion shows that the laws OF
North Carolina especially provide upon
what terms an injunction shall be grant
ed to suspend rates, pending litigation,
or involving the conhscatory nature Of
such rates; that the statutes of North
Carolina expressly authorize the course
pursued by the courts when freight rates
are involved. but does not even require
a bond for such Injunction when passen-
ger fares are in litigation.