New-York tribune., 1907-07-29
BONAPARTE ON NC. CASE
PRESIDENTS HANDS OFF.
Attomcy General Says Dir. Roose-
Celt GaUe No Instructions.

I,enOx Mass. July 2S-AttOrney General Bona
parte who is at the Hotel Aspinwal here, made
the following statement this afternoon IN regard
70 the North Carolina situation:
1T is the duty of the Department of Justice to
see that process from all federal courts is duly
served This duty exists without any regard TO
the nature of the litigation in which such process
may issue or the parties to the cause On July 10
tho attention of the Attorney General was called
to reported purpose the part Of certain state
officials in North Carolina TO disregard wrts OF
habeas corpus issued by the Hon. j. G. Pritchard
circuit judge of 4th Circuit. behalf of some
agents or employees of the Southern Railway Com
pany who had been indicted for violation of the
| recent act of the Legislature of North Carolina
fixing the maximum rates of fare for railway pas
sengers.
'On July 20 Assistant Attorney General Edward
T. Sanford ordered to proceed at once to North
Carolina and report what action if any, on the
part of the department was necessary to procure
due respect for the process of the federal court In
that state and. in of emergency, was author
i2cd TO take appropriate action without reference
No attempt was. in fact. made to evade or resist
the service the said wrts, to obstruct orcioy
any other process of the United states COURT anu
Mr.. Sanford assured that no such purpose was
entertained 1t therefore unnecessary for the
department to take any further action TO guard
against such contingency.
''NIr Sanford found. however that there was
serious danger of prolonged conflict OF Jurlsdc-
tiou between the federal and the state tribunals
Such incidents have been deplored by the supreme
Court of the United States and are regarded ny
DeIcN ana bar extremely unfortunate l'4i'l4I'b
to impair the dignity of the judicial office and TO
diminish public respect for the courts 1t has been
the consistent policy Of the department 10 ald IN
avoiding, so far as it might have any opportunity
70 do so, complications of this character, ana III
accordance with this policy Mr.. Sanford suggested
to the parties concerned a reasonable arrangement
intended to secure expeditions determination 't
the questions at issue by the Supreme Court or inc
United States, without impairing the ultilnale
rights Of any party to the litigation.
1T proved impractical to conclude such an ar
ranEement while he in North Carolina, and
he left there Friday afternoon and came 70
Lenox to report personally the situation 10 the AT
torncy General The department learns through
the newspapers that since his departure an ar
rangcment executed between the railroad ana
the State OF North Carolina AS to the character
of this arrangement of the attendant circumstances
and the merits OF the controversy ii neither enter
tains nor expresses any opinion, such matters
| being entirely without its province
1T Is proper to say that. beyond receiving ana
referring to the Attorney General single tele-
uon with the entire transaction. and the printed
reports representing him giving instructions in
connection with the altogether without
foundation. The suggestions which have appeared
In the press 10 the effect that request for mill
tary assistance or other extraordinary measures OF
that character in contemplation are also en-
t!rely Eroundless. The department never had any
reason - suppose that II would find difficulty in
dealing with the situation through It's accustomed
/ agencies. The department has had in this matter
| Is simple but very important duty 70 discharge,
namely 20 see that due effect was given To all
orders requiring executive enforcement passed by
the federal court IN the exercise of Jurisdiction
which II had regularly assumed After receiving
Assistant Attorney General SaDfOrdS report. the
Attorney General considers that the department g
circumstances there is no reason FOR any further
action its part"