The Washington herald., 1907-07-22
Federal and State Officials
Watching Rate Tangle.
JUDGE PRITCHARD TO FORE
Clash Over Authority in North Caro-
lima May Inject State Rights
Question Into Campaign of 1908.
Trouble Comes to "A Head To-day.
When Hearing of Cases Comes Up.

Federal authorities are intensely inter
ested in the situation in North Carolina.
where clash is believed 10 be imminent
between the State and Federal judiciary
over the question raised by the Southern
Railway Company as to the constitution
ality Of the State law prescribing a rate
Of "a cents a mile for passenger traffic.
Should Jeter c. Pritchard. Federal cir
cuff judge. order the release to-day OF
the two passenger agents Of the South
ern who We're sentenced TO thirty days in
the chain gang for violation of the State
law. il would precipitate "a crisis that
might he serious in its consequences.
Federal officials are Of the opinion that
it would again bring to the front as a
political issue the old question OF State
rights, and while no one here apprehends
any such discussion Of the subject as
preceded the civil war period. the diff
Guilty in North Carolina is not underesti-
mated. The Roosevelt administration is
watching the trend Of events in North
Carolina. and a day or so ago an agent
Of the Department Of Justice was sent
TO the State TO make an investigation and
report
Climax Reached To-day.
The trouble IN North Carolina is ex-
pected 20 come to a head to-day. Sat
urday Judge Pr'tchard took under ad-
visement the case Of the two passenger
agents who were given thirty-day SEN
tences for selling railroad tickets at rates
in excess Of the new fare law.
They appealed TO the circuit judge on
the broad ground that the statute, being
confscatory in its effect. was in viola
ton of the terms Of the Federal Consti-
tuition, which guarantees that no one
shall be deprived Of his property without
due process Of law.
This is the ground upon which the
Southern Railway will fight the low
rate laws, not only in North Carolina.
but in Virginia and other Southern
States. Judge Pritchard announced Sat
urday that he would hand down his de-
Cision to-day in the case Of the two pas
senger agents, who allege that they have
been sentenced 10 terms Of Imprisonment
in violation of the rights which they
should enjoy under the Constitution of
the land
The State authorities are In an ugly
frame of mind. 1t is said here that they
viii resist the order if Judge Pritchard
directs the release Of the two passenger
agents This would result in a direct
clash between the State and Federal
judiciaries.
PrItchard Prominent in Politics.
Judge Pritehard has been prominent
in the Republican politics Of North
Carolina for many years. He was United
States Senator from the State for six
years, and upon the expiration of his
term was appointed q Federal district
judge by President Roosevelt. Later he
was promoted to the Circuit Court
While he has held aloof from politics
since he has been on the bench. Judge
Pritchard has kept in touch with polit-
ical affairs. State and national. He is
d personal friend of President Roose-
Welt The North Carolina jurist is ex-
pected here to proceed with great tact and
diplomacy in the present emergency.
Advices received here are to the effect
that the Virginia authorities. in which
State a 2l4-cent fare law has been passed
will adopt precisely the same course Of
those in North Carolina. Judge Pritehard
pTesides in the circuit which embraces
Virginia.
Administration officials frankly admit
that the trouble in North Carolina is
pregnant of embarrassment in a political
way.
Not many months ago Secretary of
State Root delivered an address. in which
he declared, in substance that the ten
dency Of the times was for a stronger
central government made necessary bv
new economic conditions and the derc.
LECTION Of the States.
little later, Senator Philander Chase
Knox, cf Pennsylvania. who is a Presi-
Dental candidate, using the view Of Sec
retary Root as text, started a discussion
of State rights. This discussion has
grown out of the passage by Congress Of
the railroad rate law, and other acts
which are supposed in some quarters 10
be OF doubtful consututonaIity.
Now comes the excitement in North
Carolina. which is expected to break out
In Ike form in Virginia and other States
of the South. Politicians are asking
whether, after a lapse OF many wears
State rights is TO become one of the
issues in the Presidential cam
paign OF 1908.
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