The Caucasian. (Clinton, N.C.) 188?-1913, 1907-07-25


finally determined b. the Suprsms
Court at the earliest possible moment
There was nothing unusual in It's
proceedings which we're instituted be
fore me by the several railroad cora,
panies in the State Similar suit,
have been instituted in the Stats
of Alabama. where Judge Jones Is
sued an injunction and also in thu
State of Georgia, where Judge New
man pursued the same course
Notwithstanding the United States
Circuit Court has thus taken juris-
fictioD o. the whole matter, and was
proceeding II an orderly way with
1T consideration, the evidence shows
that the Governor of North Carolina
has issued an address to the judges
Of the Superior Courts of the State
questioning the authority of the cour.
TO make the order referred to and
ASKING them TO see that indictments
against the agents and employees of
the railroads and its officials be sent
before the grand jury in order that
the State may undertake the prosecu-
tions which are enJoined "y order,
and stating that as Chief Executive
Of the State, he stands ready to aid
them in enforcing the law. In ac-
cordanee with this policy number
Of indictments have beer found and
prosecutions begun in defiance of tt.r
order of injunction issued by the
United States Circuit Court. If
these persecutioss are permitted and
continued, the result will be to nullify
the injunction which was granted by
the Circuit Court and practically de-
feat its jurisdiction Not only are the
rights of litigants involved, but the
dignity and authority of the Circuit
Court Of the United States as well.
These prosecutions and arrests TAX
ing place in widely separated portions
Of the State present serious dificui
ties in the matter and this court is
confronted with open and avowed op-
positions by the powers Of the State.
Obstacles are being thrown in the
way of inquiry by this court on wrlts
of habeas corpus into the legal
ity of arrests, and this seems to be
the deliberate policy of those repra-
senting the State I do not wish to
be understood as imputing improper
| motives to the Governor or other
State officials as respects their action
in this matter. The penalties pre-
scribed by the State statute for
charging more tban the statutory
rates are SO numerous that if per-
mitted to be enforced they would
practically bankrupt the railroads In
an exceedingly brief time and before
a final hearing could be had in the
case and thus prace the complainant
in a position where it would be pow
elless to assert the rights which Is
guaranteed to it by the constitution
of the United States.
If the criminal prosecutions against
| the agents, conductors and employees
are permitted to continue the mana
| gels of the railroads cannot success
fully operate their trains, carry the
| mails or continue their usefulness in
[ i~1er-State commerce.
| The constitution of North Carolina
contains ample provisions for the pro-
tection and preservation Of the lib.
erty of the citizen.
Article l, Section Is, contains the
following:
"Every person restrained Of his
liberty is entitled to a remedy to in
uuire into the lawfulness thereof, and
to such remedy ought not to be de-
MED or delayed"
Section 81 of the same article also
provides:
"mhe privileges Of the writ of ha-
beas corpus shall not be suspended. y
Section 1921 of the revisal of North
Caro.i.a is as follows:
"Every person imprisoned or re.
strained of his liberty within this
State for any criminal or supposed
criminal matter or on any pretense
whatsoever except in eases specified
in the succeeding section, may prose
cute writ of habeas corpus accord
ing to the provisions of this chapter,
to inquire into the cause of such I'M
prisonment of restraint and if illegal
to be delivered therefrom.'
Section 1920 of the same chapter
is the only law of which I have any
knowledge which imposes upon 6
| Judge a penalty for failure to per-
form a judicial act. The sectiof
question reads as follows:
eff any judge authorized by this
chapter to grant writs of habeas cor,
pus shall refuse to grant such writ
when legally applied for, every such
Judge shall forfeit to the party ag
grieved $4,000"
| Thus it will be seen that the State
constitution Of North Carolina &:
we'll as the statutory law affords am
pie protection to every person wle
is deprived of his liberty without du.
process of law, and such being the
case, it is remarkable that anyone
representing the State should be op
posed to the granting of the writ o.
habeas corpus Likewise the consti
tuition of the United States and th'
revised statutes afford every citizci
Of the Union when imprisoned col,
trary to law protection to the fulles
extent by the writ of habeas corpus.
+ Article 1, Section 9, C. l, 2, q
the constitution of the United State
is as follows:
Il "The privileges of the writ of hs
beas corpus shall not be suspended
unless when in case of rebellion D
; invasion the public safety may re
quire it,
!, Saction 751 of the revised statut,.