The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-09
Judge Pritchard Grants In
junction in Two-Cent
Rate Matter.
.OTHER ROADS TO #
JOIN SOUTHERN
Alleged That Creation OF Co1r,-
mission Is Contrary to Consti-
tutional Principles, and That
Order Is Violation Of
Contract-Ca Carolina
Also Held Up.

United States Circuit Judge Pritol,-
ard last night granted an injunction
and restraining order IN the suit OF 8
the Southern Railway Company against
the clerk and members Of the Corpora 3
ton Commission of Virginia, thereby
preventing them from publishing their
order putting the two-cent passenger
rate in effect in this State Tho bill Is Il
made returnablo before Judge Pritchuld &
In Ashevile on June 27.
AT tho same time Judge Pritchard
granted a simil1r order in tho suit OF ~
the Southern Railway Company against
members Of the Corporation Commis-
sion, the Attorney General and Assis-
tant Attorney General Of North Cain-
| lima in the same way, restraining those.
officials from publishing and putting
into effect the new law providing for a
passenger rate of two and one quarter
cents. Tho North Carolina bill is re-
turnable before Judge Pritchard in
Asheville on June 90. The North Car
DINA suit refers to both freight ana
| passenger rates. n
Though this matter is thus brought
to head by the Southern, it is said,
upon what appears to be high autnor-
ity, that all other transportation conf
pahles affected will come In as parties.
Mr.. Thorn's Statement
Mr.. Alfred P. Thorn, general counsel
51or the southern was seen last night
after the restraining order had been
Issued. An effort seems to have been
industriously made in the press he
said. to single out the Southern Rail
way Company and to saddleit with re-
| sponsibility of resisting these orders
He declared that the Southern happened
I to be the first ready to make the ap-
1 plication, but added that he was re-
l4liably informed that other railroads
would soon follow in Virginia and
i North Carolina. Mr. Thorn further
said that he could not but accept it as
proper criterion that the Southern was
1 attempting to maintain its property
against what it believed to be con-
4 fiscntory rates, and that the company
feels, it a dutylnot only to itself but
i to the public t. see that its revenues
are not so far impaired that 1t would
be unable to perform an efticiort public
service
The public, he continraA. ~ inter-
estcd just as much as the company
4 in having efficient transpor ta ton COM
panies, for the limit of the capacity
OF the transportation company Is the
limit Of capacity of the public to pro-
4 duce and market its products.
| '1f the power of the transportation
company to increase facilities Is de-
stroyed,'' he said. then the power Of
the public to increase It's product is
likewise destroyed Consequently, the
company feels that in preventing the
/ Imposition of a contlscatory rate. it is i
acting not only in it's own interest,
but in the interest OF the public in
securing larger and better transporta-
ton facilities
Rights of Public.
Mr.. Thorn went on to say that while
seeking to enforce its constitutional
rights in these suits. the company
would do all in It's power to prevent
impairing any right of the public. and
called attention to the following para
graph from his bill in the Virginia
and North Carolina cases:
l a. The complainant shows to the
court that Its purpose In this cause is,
by an orderly proceeding in the
courts, to obtain g judicial determina-
ton of its rights under the Constltu-
ton of the United States. and, If,
! and as it Is advised and believes, It's
just rights in the premises are inl-
pcrilled, denied or encroached upon
by the several acts OF tho General
! Assembly OF North Carolina herein.
4 before complained Of as contrary to 3
i the Constitution OF tho United States s
then to obtain judicial decree es-
tublishing and protecting the rlghts
Of this complainant, and to that end 4
!, 1t is essential as alleged In this bill.
that an injunction shall be Issued:
but this complainant does not desire
In any way injurlously to affect any
Z lawful right OF the State or the peo-
pie of North Carolina or any other
person, and hereby complainant Of
fers and undertakes to do all ~ Its
: power to maintain status quo dur
ing the course OF this judicial Inquiry.
and accordingly 1t suggests. and il Y
prays the court, that there may be
and shall be adopted herein a pro-
ceeding analogous to that provided by
section sevon OF the Corporation Com
mission act of North Caroline. name
~, the execution of bond by the
complainant conditioned to pay into
the registry OF this court. f,om time
time. when, and rs the court may SO
; order, such sum or sums of money
as shall be equal to the difference
between the aggregate freight and
passenger rates charged and re-
ceived by It, aud those fixed In or
under the said acts OF Assembly, and 4
that, as an incident thereto the
complainant shall give, to any
person purchasing ticket for travel
on its lines in the State of North
Carolina a transferable coupon. or
other written evidence representing
the sum to which such person. or
his transferee will be entitled upon
a a final decision upholding the con-
situtionnlty OF such laws. such
coupons or the amount covered by
such o,her written evidence, in that
event to be payable out of the cash
deposit In the registry OF this court.
and that this complainant FROM time
to time shall report to tho court at
!, intervals TO be fixed by the order OF
D the court herein statements showing
i ahe amount of such passenger Iares
n r.a,ln fI.lhn q altA