The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-30
North Carolina Halted in
Southern and Coast
Line Cases.
VIRGINIA SUIT
UP TO MORROW
Judge Pritchard Refers Matter to
Master, Safeguarding Public
Interest Meanwhile, and
Declaring Federal Law
Above That Of


a Especial to The Times -Dispatch.l
AsHENILIE N. c., June 29.-JudgeI
Pritchard, in the United States Circuit
Court. this morning at the conclusioni
OF argument in the case of the stock
holders OF the Atlantic Coast Line
against the directors of that corpora
tion and the North Carolina Corporation
Commission announced his decision I'M
the case OF the Southern Railway
against the North Carolina Corporation
Commission, stating ;hat the injunction
would be continued. Walter Mont
Epmcry. of Raleigh, y C., has been
appointed master 10 take evidence.
In making his decision, Judge Pritch-
ard said:
u have not passed upon the consti-
tutionai question and cannot do so un-
It'll the evidence taken by the master
shall have been reported to me. to-
gether with the findings Of act. deem
it my duty 10 say that in continuing
the order restraining the North Caro-
lima Corporation Commission from en-
forcing the proposed 21-4 cent rate
until the final hearing, have adopted
ample and sufficient means to protect
the interest of the public to the fullest
extent by requiring the railway to file
bond to guarantee the payment into
the register OF the court of a sum of
money equal to the difference between
the present rate and the proposed rate
in the event that the act of the legis-
lature shall be declared constitutional.
Affects const Line, Too.
lowing TO the fact that the ques-
tions Involved In this controversy are
of vital Importance there should be
s;eedy determination and think this
Il ba@
hearing not later than the first Mon
day In October"
Walter z. Daniels. of counsel for the
North Carolina Corporation Commits
!. sion OF Goldsboro, n. c.. in an extend
ed argument, closed the case Of the At
santic Coast Line. and Judge Pritchard
continued the Injunction prayed for
BY that road.
Attorney General Anderson. of Nir-
Einia presented an order extending The
time for fling answer and replication
In the case of railroads against the
Virginia Corporation Commission. but
stipuIatfng thatfthe hearing should pro-
ceed in the matter Of temporary in.
junction as II all pleadings were filed
Receipt for Passengers.
Henry Taylor, general solicitor for
tho Chesapeake and Ohio, said he had
prepared an order for the form OF
receipt to be given passengers from
July LIST until the final decision on the
rate bill.
Opinion by the Court.
Following Is the fun text of Judg;
Pritchard's decision:
1t is charged in the bill filed by tn,
complainant that the Legislature o
North Carolina at its recent session
passed All act regulating freight an,
passenger rates, and that by virtue o
the provisions of said act, scomplainan
Is about to be deprived OF its propert.
withou. due process of law. The com
plainant seeks to cnjoin the enforce
1nent of certain freight and passenge
rates upon the ground that the statut
prescribing the same Is repugnant I
the Constitution OF the United State.
1t Is contended that the lapse of an
considerable time would expose com
plainant to innumerable suits by ship
pers and the travelling public, as we
as subject 1t to the penalties enumer
ated in the statute. Among othe
things, the complainant prays for a
Injunction against the Railway Commis
5ioners, the Attorney General and tn
Assistant Attorney General during tn
pendency of this cause,
On the eighth uaY of May, l907, Il
order was entered restraining the de
iendants from enforcing the provis
ions of the aforesaid act, and at tina
time notice was issued to the defend
ants to appear before me on the twer
ty-sixth day of this month and sho
cause why the injunction thus granite
should not be continued until fin;
hearing.
WIint Defendants Contend.
The defendants insist, C) That tn
is suit against the State of Mort
Carolina and that court cannot tai
Hiurisdiction of the same consistent
with the Eleventh Amendment of Il
Constitution of the United States. {!
It is also Insisted that the complain
ant has not shown facts sufficient
Justify the court in continuing the Il
junction until the final hearing
Much has been properly said
counsel representing the state in r
gard to the sovereignty of the Sta
End it's right to deal with this que
zion through It's Legislature. That {
Legislature of the State has the a
thority within certain limitations
Fix freight and passenger rates Is u
aoubtedly true, and Is universal
recognized by the Federal courts.
The Power of the State.
The courts OF tho United states ha
Mt all times acknowledged and rcspe'
ed the power of the state in the admi
istration and enforcement of its la
within tho Limitation of the Constit
tionof the United States, but while u
is true, 1t is equally important II
any right guaranteed to citizen
the Constitution of tho United Stat
should be fairly and impartially e
forced. whenever presented to I
United States courts for conslderati
Tho court does NOT undertake at u
time to pass upon the constitutional
of the act of the Legislature in
much as that question cannot be pro
srly determined until after thorou
consideration OF all the questions
goved in this controversy, and ur
lhe master shall have reported s