The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-08-20
Federal Court to Rescue
ofLaw Breaking Railroads
B. C. BECKWITH
Restraining order Against f.airigh
Lawyer Dissolved as To south
crn Railway Company. hut
lie il Enfoincd Against
Suits Against North
Carolina Road Dur
sv- n.ra 4 fYEvafEnp
ing Rate Litigation

ing Rate Litigation
Mr.. B c.. Beckwtth. attorney Of
Raleigh. returned yesterday from
Ashevilie where on Tuesday in "a
Federal Court presided over bS Judge
Pritchard had, on the complaint q the
Southern Railway. taken away from
him his rights as a prac-
ticing attorney OF North Car
ollna because he had expressed
his willingness. in the public prints
to bring suits for clients Who were ag-
grieved = a violation Of a North Caro-
lima law. now in force and declared
by no court to be unconstitutional
Fol this ne was pat 10 heavy Na
and forced TO pay railroad fare across
the State for no violation OF .a". 70
stand trial as II he was a Law breaker
and entoined against practicing his
profession.
This was in the matter OF the vio-
lation by the Southern Railway OF the
North Carolina > Ii cent rate law.
and Mr.. wos seen yesterday
and asked concerning the case. but
he declined 70 make any statement.
except that the restraining order
against him had been removed as APP
plying 10 the southern Railway.
but that the bill against him
had been amended and that
he was enjoined against bring
ing suit for any one against the
North Carolona Railroad. a North
Carolina institution, operating under
State law. but leased by the Southern.
a road which at least ought to be
amenable TO the laws OF the State
which made it and gave ii the breath
of lie. Here. however. is the matter
as it took place in Asheville:
The cause was heard by Judge
Pritchard in the United states court
house in Ashevtlle on Tuesday, at
which time Mr.. Beckwtth entered his
appearance as attorney for himself
and made argument in his own behalf
against the injunction. while Col. w.
T.. Rodman, the general counsel for
the Southern Railway in North Caro-
lima appeared for the Southern Rail
way Company.
After hearing argument from both
sides Judge Pritchard dissolved the
restraining order as to Mr.. Beck
with in so far as it related to the
Railway Company but en-
joined him pendente lite from insti-
tuting as attorney OIL behalf of any
client, or for himself, any suit against
the North Carolina Railroad Com
pany under or by virtue OF any law
Of North Carolina because OF or grow
ing out of the failure of the Southern
Railway Company or any of it's OFF,
GERS agents or employers, to put into
effect or to observe on the line of the
North Carolina Railroad or any part
thereof, the rates prescribed in the
acts: and from this order Mr.. Beck
with appealed.
To sum UP: the conclusion of the
whole matter is that a North Carolina
lawyer has been compelled by order
of a Federal Judge to travel nearly
six hundred miles. to answer a bin
in equity, in the Circuit Court of the
United States sued out by a foreign
railroad corporation. before a Federal
Judge, and has been enjoined by a
Federal Judge from practicing his pro-
feSs1on part, for saying he would adj
wise his client. who had been ag-
grieved by a violation of a North
Carolina Corporation, that he had
right of action in a North Carolina
court, against North Carolina cor
poration for violating North CaroIi~o
law to recover q penalty fixed by said
law for its violation
The Answer of Mr.. Beckwith.
The substance of Mr.. b. G. Beck
with's answer filed In the Circuit
Court. at Asheville, on the hearing in
the railroad injunction case is as fol-
laws. He alleges:
That court had not jurisdiction
as to himself and also the same as
to all or some of the subject matter
named and set forth in the bill; that
this is substantially a suit against the
state of North Carolina and against its
consent; that he has ~wrongfully been
made a party defendant thereto. and
idioclalns that he has any personal
or Individual interest in the subject
matter named and set forth in the
bill, and that his interest therein is
none other than that of every good
citizen of North Carolina In a matters
Of such general import.
Tic fytrthor n1ln~or +Ia+ L.. - - -.
is q citizen Of North Carolina and that
is a citizen of North Carolina and tht
he is resident of the Eastern District
of North Carolina. He denies that as
attorney he was about to institute suits
against the Southern Railroad Com
pany, but he admits that he had ac-
cepted employment of various parties.
for the purpos Of enforcing at such
time and in such court as in his
judgment the interest Of his clients
might demand penalties provided by
Sec. 4 of the "Act in respect 10 passen
ger rates against the North Carolina
Railroad Company's that said North
Carolina Railroad Company is, and
was at the time of the original bill, a
North Carolina Corporation, created
and existing under the law of North
Carolina and is a citizen of North
Carolina having its principal office
at Burlington, Alamance county.
North Carolina.
He also admits in his answer hav-
ing on July 4. written a card in an
swer to an editorial in the Raleigh
Evening Times, in which he said that
If a client asked his advice whether
or not he had a right. no~twithstand-
ing the restraining order entered in
the original bill against the Corpora
ton Commission. the Attorney Cen
eral Of North Carltona and others Of
action ain a railroad
for violating the 2 IA cent passenger
rate law. that he should have ad-
vised him that he had right Of action
against any railroad company guilty
of selling tickets st a rate in excess
of 2 IA cents a mile to recover the
$500 penalty, and that the courts OF
the State are still open TO him, for
the reason that the act in regard TO
passenger rates" has not been re-
pealed and had not been declared un-
constitutional or void in whole Or in
part. by this honorable court, or any