The Caucasian. (Clinton, N.C.) 188?-1913, 1907-08-01
CHANCE INJUNCTION
Judge Pritchard's Original
Decree is Modified
RAILROADS FIRE PARTING SHOT
The Southern and Coast Line Appear
Before Jduge Pritchard and Ask
That His Interlocutory Injunction
Be Changed so They Can Comply
With the Peace" Terms.

ASneEiiIe, N. L., Speclal--l uS |
final chapter was written III the eon- |
fiict of State and Federal courts and
the violation, the railroads, of
the new passenger rate law OF Z Ia
cents when the Southern Railway
and the Atlantic Coast Line appear
ed before Federal Judge Pritchaf'i
Monday afternoon and filed petl-
tion praying that the court modify
the original decree and thus permit
the railroads to comply with the
terms Of "peace' as agreed upon al
Raleigh Saturday afternoon. The
railroads attorneys and several Of
fcials were in court during the for
malitcs incident to the surrender.
That the railroads are sore is frank
ly admitted. They declare that they
have been badly used, and that ILL ef-
feet they were dubbed into becoming
a party to the agreement effected at
Raleigh The petition presented to
Judge Pritcard covers about iG
typewriter pages wherein the incl
dents OF the past several days are
| recited, including the correspondence
between Governor Glenn and Solici-
| tor Brown.
One railroad attorney declared
tat never before in the United Sta:""
had such a disorderly proceeding
| taken place, under the forms Of law.
as the compelling of the railroads TO
relinquish their legal rights under
threat of more serious things hap
pening to them.
The railroads declare, is effect that
they were dubbed into becoming par
ty to the agreement effected at Raj
eigh; that the public mind has been
infiamed by the newspapers and the
utterances of politicians and that the
agreement was only assented to un-
der duress, because of threats OF an
extra session of the Legislature FOR
the purpose of adopting Legislation
hostile to the railroads.
The request to make changes lndl-
Gated in the petition was granted by
Judge Pritchard, who in making the
revised order said:
'The applications now made |:
modify the injunctions heretofore
granted in these causes present cor
dition of affairs unprecedented III tE'
judicial annals of this country.
"After full and complete hear
ing Of the matters raised by th'
pleadings in these causes, injunctions
pending a hearing Of the question
involved in the original suits, wer
granted The court, III granting sucl
injunctions, followed the course pur
, sued by the Supreme Court of tn
United States in tie cases Of Smit
VS. Ames, Reagan VS.. Farmers Loa
& Trust COMPANY. Cotting VS.. Kan
sas Stock va: Is Company and Pio1
> w. Starr, and by the Circuit Court
D Of the United States in numeror
!. other cases.
Y "The effect of the orderrestrainir
e the corporation commission Of Mort
d Carolina ct al. was to preserve til
r rights of the parties until the mastt
t, whom this cause had been referre
could have an opportunity to repoI
the facts and thereby enable tt
= cuu1t to correctly determine whetl
d er the act in question is confiscator
a and in order to protect the travelil
n public, the complainants were requl
= cd to give ample bond and securl'
Q TO secure the payment into the regl
r try of the court sum sufficient
h pay the difference between the pre-
# ent rate and the proposed rate
/. those who might in the meantln
d purchase tickets.
n "The defendants could nave a
If pealed from my order granting
D. temporary injunction, but they ia
t. ed to do so. Instead of appealing
these cases, they filed an answer, al
the causes were then and there ]
ferred to a master In order that t
:. evidence might be taken.
:. cit is unjust to say that the qu'
ct ton of States rights is involved
IL this controversy. 1t IS equally l
y Just to insist that what the court /
he done in the premises was an lnterf
% ence on the part of the Federal Coz
al with the State courts However,
IL the other hand there has been ma
&c fest disposition on the part OF
lid State officials to interfere with
Federal Court in its procedure to
equal justice between the compla
ants and the defendants and IN
exercise of those powers necessar
lot incident to the protection of Its Jul
ea diction.
Ter eff this kind Of obstruction sho
ne prevail and the citizens are thus to
M denied the rights guaranteed til
on by the constitution Of the Uni
Ia States, then those provisions OF
at constitution would become dead
ate ter as there would be no means
gu enforcing them.'
After referring to the interle
tory injunction, the argument
lmlue m opinion in the habeas corpus proce
cus. m ings the judge said:
oh ''I feel no doubt as to the sou
'iie ness of these views as to the Jurls
anu ton of this court or its right
gan duty to enter the interlocutory
"a ? cree or, in order to protect the Ju
iihs diction of this court, to discharge
iaae habeas corpus the persons who
lise been arrested by the authorities
compliance with the orders OF