The National tribune., 1907-08-01
THE NORTH CAROLINA CASE.


The North Carolina collision between
the State and Federal Courts has come
to truce until the Supreme Court of
the United States can make an adjudi-
cation.
By thecterms of the truce the rail-
roads will obey the State law prohibit
ing their Charging more than two and
lone-fourth cents a mile passenger fare
until such, time as the Supreme Court
may decide certain representative cases
which will be- presented to it as soon as
it resumes it's 'sittings in the Fall.
There has been an unusual amount of
ignorance, and Misrepresentation in re-
gard - the case. 1t only remotely in
wolves States Rights. instead of being
a recrudescence of that idea. as has
been alleged. Nor is the Tenth Amend
ment to the Constitution, nor the au-
thority of Congress over Post roads"
involved. The Legislature of North
Carolina. acting within what seems to be
clearly the States powers. passed an act
providing that after July no more than
two and one-fourth cents a mile should
be charged for passenger fares. On the
face of it this seems entirely proper and
regular.
on July 8 Judge B. F. Long, who
seems to be a somewhat previous young
man, instructed the Grand Jury of
Wake County to inquire into whether
any of the railroads were charging more
than the legal rate, and If so to return
indictments against the agents selling
tickets. There is room for discussion
here. Undoubtedly it is Judges duty
to take immediate cognizance of the
Legislatures acts, and instruct the
Grand Jury with reference to them. 1t
is not usual, however, for indictments
to follow SO swiftly upon the heels of
legislation. The Governor admits that
Judge Long anticipated him and began
indicting while the Governor was pre-
pairing his address and instructions as
to carrying the law into effect.
The railroads, in accordance with the
asreed-upon campaign, applied to the
United States Circuit Court for an in
junction against the State officials on
the ground that the rate was "confis-
catory.' This raises legal issue which
has often been threatened, but never
actually thrashed out. Frankly, we do
not think much of it, and believe that
the Supreme Court will promptly dis
pose of il by a decision that North Car
olina is acting within her powers. All
taxation and regulation are strictly
speaking ''coHfiscatory," but none the
less lawful for that.
Judge Pritchard acted strictly within
his powers in granting the injunction.
Any citizen of the United States who
believes that he is being robbed by a
state has the right TO appeal to the
Federal Courts for protection. Judge
Pritchard say that his course was
strictly in accordance with precedent,
and that
THE effect of the order restraining
the Corporation Commission of North
Carolina and others WAS to preserve the
rights of the parties until the master to
whom tirisn cause had been referred
could hlve.an opportunity to report the
facts. and Thereby enable the court to
correctly determine whether the act in
question is loontiscatory and in order to
protect the travelling public the COM
planants were required to give ample
bond and security to secure the pay
ment into the registry of the court of a
sum sufficient to pay the difference be-
tween the7tpresent rate and the pro-
posed rate to those who might in the
meantime purchase tickets
Then followed the amazing tangle of
restraining orders, indictments, habeas
corpus proceedings. imprisonments,
etc, until Assistant Attorney General
Sanford went to Raleigh to pour Gil on
the troubled waters.
Gov. Glenn urges the Judges and
people to have no more indictments,
and try no more cases until the hearing
before the Supreme Court.