Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1907-07-24
OF CURRENT INTEREST
State and Federal Courts Conflict.
PHILADELPHIA Recordl

There are many proper uses for the
writ of injunction, but the employment
of the same for the purpose of pre-
venting a sovereign State from TAX
ing proceedings under its own penal
law looks very much like an abuse.
The practice is new, one of the ear
lier instances in which it was applied
being the case still pending of the
New York Consolidated Gas Company
against the Attorney General and
District AttoEaeys of the State to en-
join them from enforcing the penalties
for violation of the EightyCent Gas
law The action of the Pennsylvania
and other railroad companies to test
the constitutionality of the Two-Cent
Rate law bears a superficial resem-
blance to the former; but the COM
plants in these cases have been cour-
teous enough submit their
exceptions to the validity of an act
of legislation to the Courts of the
State whose laws are assailed More
over, the Two-cent Rate law is not
yet in force; the proceedings here
are therefore, of the nature of a
/; "feigned issue" Finally, no injunc-
tion has been issued on the eX parte
statements of the complainants
1t is just as we'll that the conflict OF
jurisdiction between the State and
the Federal Courts in North Carolina
should have been so sharp that there
will be no escaping the determination
of the question squarely and unequi-
vocally. The enforcement of the
| Maximum Rate law of that State
has been enjoined by the Federal Cir.
lcuit Court for the Virginia-North Car
DINA Circuit; Judge Long of the Su
perior Court of the State, has direct
ed the Gradn Jury in his bailiwick tt
return indictments against yiolators o
the act, Notwithstanding the injunc
ton, and the Governor has directed
Police Magistratates to proceed witt
commitments. Indictments have beer
found and offenders against the stat
} ute have been committed and held t
bail Writs of habeas corpus ar,
about to be applied for to United
States Circuit Judge Pritchard ant
Judge Long, of the Superior Court
has taken the prisoners into his owl
Io1ICtndu fhat tho Enlnpal HNrif
: it should be granted, would have t,
be directed to him. The conflict o
the judicial powers of the State an,
Federal government is therefore di
rect. If the proceedings of the Stat
Court are in contempt of the Fedora
tribunal an effort on the part of tn
latter to take the prisoner from custo
dy, of the Judge who has committe,
and holds him would be in contemp
of the State Court.
A resort to the equity side of
Court and the staying of proceeding
by injunction are justifiable only whel
there is no remedy at law, or wher
lirreparable injury would be done t.
a party unless equitable relief b
granted. That the possible, or proba
BILE, enforcement of a penal statut
: presents a case calling for equitabl
relief has never heretofore been as
serted even when the constitutionalit.
of he penal statute has been ques
toned. The defendant has perfect Ii
berty to raise this question by demur
rer or plea and if his demurrer b.
overruled, or the plea be held unten
liable, by the State Courts the ques
Ition can be taken to the Supreme
Court of the united States on wri
of error; and this writ would operate
as stay of proceedings until fina
decision by the highest constitutions
authority in the land, There is nj
need for injunction and orders GUST
ing the State Courts from their legi
timate jurisdiction; indeed, there is
no justification whatever for such us
lurpatory practice.