Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-22
NOT CONCERNED IN CLASH
WATCHING FIGHT OF SOUTHERN
JUDICIAL OFFICERS.
Expected That the Procedure Will Be
Transferred to the higher Courts.
Political Questions Involved.

Officials of the Department OF Justice say
today that the department has nothing in
the world to do with the clash between the
state and United States courts in North
Carolina and Virginia over railroad rates
in those states. At the same time there is
interest in the department as to the out
come. Charles w. Russell. assistant at
torney general. is the acting head OF the
department. He has not followed the
judicial parrying except through the news
papers. and has not received any official
Information on the subject He says that
the Department Of Justice has nothing to
do with the differences OF legal interpreta-
tion and does not know whether 1t will be
called upon to take a hand. If the depart
ment should be asked by Judge Pritchard
for q consultation the request will be
granted. No agents OF the department have
been sent to North Carolina to keep
track Of the proceedings in the federal and
state courts. as has been stated. and Mr..
Russell knows no reason why this should
be done. It Ia supposed that as speedily as
possible one side or the other will appeal to
the higher courts OF the country that the
question may be settled. Just how far the
state courts will attempt to defy the man
dates Of Judge Pritchard cannot now b.
foreseen.
The Political Aspects.
In political circles. where the purely legal
phases are not considered, It is freely pre-
dicted that political history Of great i'm
portance Is to be made as q result OF this
clash. Some men even go SO far as to ex-
press the opinion that the states rights
question Will be the issue Of all issues in
the next Presidential campaign and that
It is likely to become the most important
issue fought out at the polls since the days
Of the civil war.
With President Roosevelt and the rail-
roads fighting against the right OF states
to legislate to suit themselves in railroad
matters at least and the democrats on the
other side. the fight. it is today declared.
would be far less one-sided than one might
now think Senator Foraker and many
prominent republicans as well as demo-
Gratis are speaking against Capitalization
his latest statement indicates that the
same issue will be fought next year.
, The Presidents Attitude.
So far as President Roosevelt is con-
cerned. It will not be necessary for him to
get into the mix-up for long time to come
unless there should be such a clash of fed
eral and state forces In North Carolina as
to bring the whole matter to an issue at an
early date. 1t is assumed that the differ
ences will not go - the point of an ac-
United States and state courts. II that
should turn out to be the case. the Presi-
dent might be called in. but. assuming that
there will be an orderly judicial procedure
to the h.eher courts Of the and. He has,
In a number of speeches, voiced his opin-
ion that the control of railroads doing an
interstate business should. be entirely in
federal hands, and In this attitude he has
been heartily Joined by the railroads them
selves Leading members of the interstate
commerce commission have taken a similar
position and the view of the President,
which has caused much criticism. has been
backed up by Secretary Root and others
Of the administration.
Many southern men regard 1t as highly
probable that the attitude of the admins
tration on this subject has had influence
on individual jurists throughout the coun-
try. Judge Pritchard is an al pointee Of the
President. He was strong republican
partisan in North Carolina for years and
his leanings are naturally with the head of
his party. That is the opinion taken by
many men today.