The Caucasian. (Clinton, N.C.) 188?-1913, 1907-07-04
NEW RATE LAW HELD UP
Judge Pritchzrd Announces his De-
ciEioa Il the Railroad Rates Cases
and En5oins the Corporation Com
mission Prem Putting New Seized
nle Into Effect.


day vas the most interesting day Of
all in the hearings before Judge
Priichard IN the suits brought by the
Southern Railway Company and 9TH
or railroad corporations TO enIoln the
corporation commission OF North
Carolina from printing ard putting
into effect the new rate and passess-
ger fares law passed BIZ the LegisIa-
ture of 1907
1T the conclusion OF argument Sat.
urday morning by Walter Z. Daniel.
for the defendants IN the suit OF thc
stockholders of the Atlantic Coast
Line Railway. against the corpora
ton commission, Judge Pritehard an-
nounced his decision in the ease Of
the Southern Railway Company
against the commission which was
concluded Thursday afternoon. The
court continues the restraining or
der pending a final hearing and re-
fers the matter to Judge Montgom-
cry, standing master for the eastern
district. TO take testimony and report
his finding of facts and conclusions
OF law to the court at Asheville the
latter part of September.
Judge Pritchard's Memorandum.
at is charged in the bill filed By
the complainant that the Legislature
Of North Carolina, at its recent ses-
sion, passed an act regulating freight
and passenger rates and that by vir-
tue Of the provisions Of said act COM
plainant is about to be deprived of
its property without due process OF
law. The complainant seeks to enioin
the enforcement Cf certain freight
and passenger rates prescribing the
same Is repugnant to the constitution
of the United States. It is contend
ed that the lapse of any considerable
time would expose complainant to
innumerable suits by shippers and the
travelling public as well as subject
it to the penalties enumerated in the
statute.
"Among other things the COM
plainant prays for an injunction
against the railroad commissioners,
the Attorney General during the
tendency Of this cause. On the 9Th
day of May, 1907, an order was en-
tered restraining the defendants from
enforcing the provisions of the afore-
said act and at that time notice was
issued to the defendants to appear
before me on the 26th day of this
month and show cause why the in
junction thus granted should not be
continued until the final hearing.
"'rhe defendants insist first that
this is suit against the State of
North Carolina and that the court
cannot take jurisdiction of the same
consistently with the eleventh amend
ment to the constitution of the Unit
ed States.
"Second. It is a.lso insisted that
the complainant has not shown facts
sufficient to justify the court in con-
tinuing the injunction until the hear
ing.
"Much has been properly said b.
counsel representing the State in re-
gard to the sovereignty Of the State
and its right to deal with this CUES
ton through its Legislature. That
the Legislature of the State has the
authority within certain limitations
to fix freight and passenger rates Is
undoubtedly true, and is universally
recognized by the Federal Courts.
The courts Of the United States have
at all times acknowledged and re-
spected the power Of the State in the
administration and enforcement of
| its laws within the limitation of
the constitution is true. it is equal
~ important that any right guaran'
teed to a citizen by the constitution
of the United States should be fair
ly and impartially enforced when
ever presented to the United States
courts for consideration.
Bonds Required CT the Roads.
Relative to this matter of prospec
| tive penalty suits and jurisdiction
Judge Pritcbard this afternoon FROM
the bench submitted the following re-
marks which were listened to with
interest: "In view of the discussion
between Judge Shepherd and Cap
tain Thorn this morning in regard tt
the enforcement Of the restraining
order which | have just entered,
deem it my duty to say that in con-
tinuing this order, I have adopted
| ample and sufficient means to protect
the interests Of the public to the full
est extent by requiring the complain
ant to file a bond to guarantee the
| payment into the registry Of the
court a sum of money equal to thu
| difference between the present rate
and the proposed rate in the event
that the act of the Legislature should
be declared constitutional. | have
not passed upon the question as tc
I whether the act of the Legislature Is
! constitutional, and cannot do so unit
the evidence taken by the master
shall have been reported to me to.
| gether with his findings of fact.
"The court having assumed juris
iict;on Of the parties, as we'll as ths
subject matter of the controversy, u
necessarily follows that it has til,
| power to preserve and protect it:
| jurisdiction until there shall be fin
| al determination Of the matter Il
issue. Under the circumstances, it l:
the duty OF law abiding citizens tt
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