The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-02
JUDGE PRITCHARD is
BIGGER THAN STATE
Grants Southern Railways Injunction and Sus-
pends Ia Cent Rate and Orders
Evidence

and enforcement Of it's rs within
the limitation Of the constitution of
the United States. but while this IS
true. 1t Is equally important that any
right guaranteed to a citizen by the
Constitution of the United States
should be fairly and impartially en-
forced whenever presented to the
United States courts for consideration.
THE court does not undertake a this
time to pass upon the constitutiOnality
Of the act of the legislature inasmuch
as that question cannot be properly
determined until after a thorough CON
sideration Of all the questions involved
in this controversy, and until the
master shall have reported his find
ings of fact in respect to the same.
Not a Suit Against the State
After carefully considering the very
able and exhaustive arguments of
counsel representing complainant and
defendants, | am of opinion that this
is not a suit against the State within
the meaning of the 18th amendment,
but that it is suit against the defen-
dants who are charged by the laws
of North Carolina with the admin
istration and enforcement of the act
in question.
"The evidence offered by the COM
plainant relating to the allegations
contained III the bIII- w men CtIioitlcl GU
with the evidence offered by the de-
fndants while not conclusive neverthe-
less raises an issue as to matters in
controversy SO serious in its character
that the court feels constrained to con-
tinue the restraining order now in
force until the final hearing.
Rights of the Public Safcguarded.
THE institution of this suit will
necessarily delay the determination of
the rights of the public we'll as
those of the COmplainants; neVerthe-
less, under the order which is to be
entered in this cause, the rights OF
the public will be safeguarded so as
to preserve to it the benefit sought
TO be conferred by the passage of the
act, in the event that such act should
dissolve the restraining order at this
time. the complainant would be left
without q remedy in the event that it
should ultimately prevail.
can order will be entered requiring
the complainant to enter into d bond
conditioned for the payment into the
registry Of the court a sufficient sum
of money to reimburse persons who
may purchase tickets Of complainant
to the extent of the difference between
the amount now charged and the
proposed rate, and a sum equal to
the difference in the aggr egate freight
rates now charged and those to be fix
ed under the act of the legislature
in the event that it should be finally
determined that the complainant is
not entitled to the relief demanded
in the bill.
Early Hearing Important.
Owing to the fact that the ques-
ton involved in this controversy are
of vital Importance, not only to the
complainant, but to the jublic as we'll,
it is highly important that fere
should be speedy determination of the
same; and while it will entail addf-
tional labor upon me, l think that
this cause should be set down for final
hearing not later than the first Mon
day in October. thus affording an op-
portunity to have the matter heard
and a final determination of the
case by the Supreme Court at the
earliest possible moment.
THE court will file ar opinion in
this case at an early day in which ii
will discuss the various questions in
volved in this controversy"
Vision of Many Law Suits.
1t was evident this morning that
the Southern Railway counsel were
worrying over the prospect of much
litigation. Judge Shepherd, in the
conclusion of his remarks said Mr..
Thorn, ''spoke of many suits that
might be brought against the railway
for penalties by reason OF the acts in
question:" Mr.. Thorn felt sure that
counsel for the commission would not
encourage such action, as the court
had taken jurisdiction of the subject
matter and he would ask
provision in the order OF
the court allowing the Southern
to bring any such suitors into this case
by supplemental bills.
Judge Shepherd replied that his
clients lad nothing to do with suits
private individuals might bring.
The matter being brouSht up by
counsel, the court said there did not
appear to be any good reason why it
should not be stated at this time that
the injunction in the matter of the
stockh olders of the Atlantic Coast
Line would be continued.
Judge Shepherd in his argument the
other day. contended that the eniorl-
ing of defendants in this action would
not necessarily nullify the operation of
the law. Private citizens might con-
tend for the benefits of the acts. and
might bring suits against the railway
companies. Mr.. Thorn this morning
urged Judge shepherd to make some
expression OF a willingness to try to
prevent such action. jurisdiction hav-
ing been taken by this court of the
subject matter. Judge Shepherd said
that he felt sure the court would un-
derStaNd tnaLf ms dilllliuS toward II
and it's jurisdiction was by no means
one of contempt He was for counsel
for the Commission, and had nothing
TO do with any suits that might be
brought by private parties under these
laws. But he declared that if any
citizen thought proper to undertake
the collection Of these penalties in any
court he would not advise him not to
do so.
Private Parties Warned.
Relative to this matter of prospec-
tive penalty, suits and jurisdiction,
Judge P'itchard 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 Captain Thorn,
this morning in regard to the enforce