The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-06-20
THE LAW, THE OFFICERS OF THE
LAW AND THE HAIl ROADS

LAW AND The RAILROADS.
There Is much discussion through
ont the state about the legal compli-
cations resulting from the refusal Of
the railroads to obey the two-cent
passenger rate law This law says
the Globe of Joplin, Mo. would have
been effective Tune Is had not the
federal court interposed temporary
restraining order
When the Legislature passes
criminal statute affecting private
'citizen and It is violated the usual
result is that the offender Is brought
into court on a criminal charge and
tried under the procedure prescribed
In such cases. II he is not proven
guilty or he can show that the law is
unconstitutional or otherwise invalid
he is discharged; OF. If convicted, he
is fined or imprisoned in Jail Il
would never occur to the lawyer or
citizen in such a case to ask a court
federal or state--to enjoin the state
or its representatives from enforcing
such a law. by preventing the prose
cution. The legal way is to determine
these questions in the trial of the
case Why not proceed in the usual
way against railroad corporations
and their agents who violate the plain
criminal statutes of Our state? Why
all this talk Of injunctions in the fed
eral court. and counter miunctions-
MANDATORY in the state courts,
BILLS ORIGINAL and BILLS SUP
ELEMENTAL?
What are the facts? a sovereign
state by its legislature has enacted
twocent passenger rate bin 10 take
effect June Is ard to secure its en-
forcenlent provided in substance that
any railroad corporation. its agents
or officers. who violate its provisions
by failing or refusing to sell tickets
at the rate Dresc 1ibed shall be
guilty OF a misdemeanor and punish
ed by a fine named In the act The
result was that every railfoad con
ductor, officer or ticket agent in Mis-
souri who refused to obey this law
was liable to prosecution and convic.
ton thereof II arrangements had
been made and instructions given
or better still, the prosecuting at
totl2ys OF the state without instruc-
tions, had on the 18th day of June
caused every railroad agent or officer
to be arrested as many times as such
parties violated this law. and prosecu-
ted them therefor In the criminal
courts, It Is safe TO say that within
twenty-four hours thereafter all the
railroads of the state would have
been willing to obey this law? Why
should they not be prosecuted for
violating the law like any other citi-
zen? 1t certainly will not be claimed
.by any one that the federal courts.
or any other court. can enjoin the
prosecuting attorney from prosecut-
ing parties for violating our criminal
statutes. This would be equivalent to
compelling them to violate their
oaths.
II was we'll said by Judge Philips
when on the appellate bench OF Mis-
souri, that 1T is a well established
doctrine that courts of equity never
interfere to stay (enjoin) proceed
ings of a criminal character This
being the taw. why not enforce the
rate law in the criminal courts in
the usual way? Does any one sup
pose the RAILROADS would attempt TO
| enjoin the one hundred and fourteen
| prosecuting attorneys OF Missouri
| from discharging their sworn duty in
enforcing the criminal provision of
this twa-cent rate law? What is the
mater with our prosecuting attor-
| neys, anyway? We have not heard
of any federal judge restraining them
| from doing their duty in this respect.
| Instead of the state asking for man
datory injrncJons which may be in
the courts for three or four. years
and which viii effectively KILL THE
TWO-cENT LAW BY DELAY. it's OF.
ficers should use the power and mesns
at their command in assisting the
prosecuting attorneys to enforce this
law in the usual, effective and expedi-
tious way
There was time when we read in
| flaming head lines ri a governor who
ordered the lid put on in all the coun-
! ties ia the state and who also direc-
ted the sttorney general with his as
sistants to assist in enforcing the law.
| Why Is the governor silent in this
emergency? Was the rate bill pass
sed TO bas enforced or for political
purposes? Evidently something is
\ wrong. Something has been neglect,
| ed. Or. as Tennyson said in the
Charge of the Light Brigade at Ba-
| laklaya," some one has blundercd
| -
my child was burned terribly about