Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1907-07-26
ENTERTAINING OH JURISDICTION
In RATE CASE BY UNITED
STATES JUDGE IL A
SURPRISE.
LAW AND
POLICY CLASH
ENtlSSARY FROM DEPARTMENT.
OF JUSTICE ON GROUND TO
ADJUST MATTERS.
(By United Press. J


Washington. July 26.-President
Roosevelt has been given the most
severe shock OF his political career
by the action OF United States Cir
cult Judge Peter o. Prltchard In
granting "a writ of habeas corpus To
employees OF the Southern railroad.
convicted OF violating the rate regu-
lation law OF North Carolina. Ad-
ministrations licutenants here pri-
vately admit that the president has
been hung up by the ears through
the procedure Of Judge PrItchard
Neither President Roosevelt nor
the department of Justice officials
deired Judg Pritchard to issue his
writ of habeas corpus. Some legal
authorities declare that he has no
jurisdiction In the matter at issue.
1t Is believed by some here that
Judge Pritchard was led away by
political motives or misconcelved
ideas OF duty and committed n griev-
tail serious difficulties upon the adj
ministration
Omcials of the department OF jus-
tice hold that the case In North
Carolina was purely Question for
the state courts to determine, and
that Judge Pritchard when appealed
to by the Southern railroad should
have efused to act. They say that
the road had ampler edress: that IL
ould have obtained stay OF exc
cution and taken an appeal TO the
common pleas court and from that
to tho supreme court From that
tribunal an appeal could have been
taken To- the United States supreme
ourt.
GltiEVE OVER INTERFERENCE
These officials say that the action
+ Judge Pritchard establishes the
first precedent or record I'm which
federal courts have lnterfered ln a
urely state matter.
When B. T.. Yoakum and other
eading railroad magnates conferred
with the president, each being told
that further legislation by congress-
was desired 90 increase the jurisdic-
tiOn OF the government over trans
portation companies. each urged the
president TO make a definite state
ment, in speech or otherwise.
thereby ayerting Danicky conditions
and preventing depreciation In the
value of railroad securities When
the situation became acute I'm North
Carolina the president grew appre-
hcnsivc and uneasy
Ho requested Attorney General
Bonapartc 10 avert the threatened
lash between the federal and state
COURT A. the assistant attorney
general Edward r Sanford, wa.
then taking his vacation In North
Carolina hc was ordered by Mr.
Bonaparte TO see the officials OF the
Southern railroad and induce them
10 secure stay of execution and
take successive appeals through the
yarious state courts until their case
could be brought To- the United
states court where lt was promised
expedition shsuld be requested by
the departnsat OF justice
He was not Instructed TO see Judge
Pritchard as such % course might be
construed as Interference by tho ex-
.cutiye with thc judiciary. The whole
desire of the president was 10 save
himself from am embarrassing pre-
dicamont by diveruug the Southern
railroad officials from an appeal To-
iho federal courts lu This he failed
through lno assumption OF jurlsdic-
tiou by Judge Putchard