The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1907-07-04
2l-2 CEN RATE EH1otNED.

ctsion IN the Railroad Rates Gases
and EnjOins the Corporation Com
mission From Putting New sched-
ule Into Effect.
AsheVille, N. c., Special.-Satur-
day was the most interesting day of
all IN the hearings before Judge
Prtchard In the suits brought by the
/ Southern Railway Company and 9TH
er railroad corporations to enjoin tho
corporation commission of. North.
Carolina from printing and putting
Into effect the new rate and passen-
ger fares law passed by the Leeisla-
ture of 1907. ;
At the conclusion Of argument Sat-
urday morning by Walter. e. Daniel.
kforSfhe defendants in the suit9of-tha.
stockholders Of the Atlantic Coast
Line Railway against the CORPORA
ton commission, Judge PritchArd an.
nounced his decision in the case of
the Southern Railway Company
against the commission which WAS
concluded Thursday afternoon. The
court continues the restraining or
der pending n final hearing and re-
Ters the matter TO Judge Montgom-
cry, standing master for the eastern
district, to take testimony and report
his finding of facts and conclusions
OF law to the Court at Ashevilfe the
latter part Of September.
Judge -Pritchard's Memorandum.
ut is charged in the bill fled BIZ
the complainant that the Legislature
of North Carolina, at its recent SEES
sion, passed an act regulating freight
and passenger rates and that by vir-
tue of the provisions of said act com
plalnant is about to be deprived of
It's property without due process of
law. The complainant seeks to enioin
the enforcement Of certain freight
and passenger rates prescribing the
same is repugnant to the constitution
of the United States. 1t is contend
ed that the lapse Of any considerable
time would expose complainant to
l~nnumerable suits by. shippers and the
travelling public as we'll as subject
1t to the penalties enumerated in the /
statute.
"Among other things the COM
plainant prays for an injunction
against the railroad commissioners,
the Attorney General during the
tendency of this cause. On the 9Th
day of May, 1907, an order was en-.
tered restraining the defendants from !
enforcing the provisions of the afore-
said act and at that time. notice was
issued to the defendants to appear
before me on the 26th day of this
month and show cause why the in
Junction thus granted should not be
continued until the final hearing.
"The defendants insist first that
this is a suit against the State of
North Carolina and that the court
cannot take jurisdiction Of the same
consistently with the eleventh amend
ment to the constitution of the Unit
ed States,
"Second: It is also insisted that
the complainant has not shown facts
to justify the court in con-
CAAuAAS IAO AAJuLCI1Ou uAGA Guc ucdI-
ing.
t"Much has been properly said By
representing the State in re-
gard to the sovereignty of the State
and its right to deal with this ques-
ton through it's Legislature. That
the Legislature of the State has the
authority within certain. limitations
to fix freight and passenger rates is
true, and is universally
recognized by the, Federal Courts.
The courts of the United States have
at all times acknowledged and re-
the power of the State In the
administration and enforcement of
it's laws within the limitation of
the constitution is true, it is equal
y important that any right guaran-
iced to a citizen by the constitution
IF the United States should be fair
ly and impartially enforced when
aver presented to the United States
courts for consideration.
Bonds Required Of the Roads.
Relative to this matter Of prospec I
tive penalty suits and jurisdiction
Judge Pritchard this afternoon from
he benchs submitted the following re-
marks which were listened to with
interest: "In view Of the discussion
Judge Shepherd and Cap {
ain Thorn this morning in regard to
he enforcement Of the restraining
rider which I have just entered, IL
it my duty to say that in con~
this order; I have adopted ,
,mple and sufficient means to protect
he interests of the public to the full
st extent by requiring the complain
mt to file a bond to guarantees the
,ayment into the registry Of the
curt a sum Of money equal to tho
Inference between the present rate
nd the proposed rate in the event Z