Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-30
2-CENT RATE BILL HELD UP
Injunction Against the State Railroad
Commissioners.
SUBSTANTIAL BOND REQUIRED
Court Holds Rights Of Railroads as
Well as Patrons Must Be
Safeguarded.

ASHEvILLE. N. c., June 29.-Judge
Pritchard, in the United States court here
today, enjoined the railroad commissioners
of the state Of North Carolina from enforc-
legislature pending further hearing of the
cases Of the Southrn railway and the stock
holders Of the Atlantic Coast Line. which
were referred to a master in chancery.
Judge Pritchard's opinion says in part:
1T Is charged in the bill fled by the
complainant that the legislature of North
Carolina, at its recent session, passed an
act regulating freight and passenger rates.
and that by virtue of the provisions of said
act complainant is about to be deprived of
its property without due process of law.
The complainant seeks to enjoin the en-
forcement of certain freight and passenger
rates upon the ground that the statute pre-
scribing the same is repugnant to the Con-
stitution of the United States.
ut Is contended that the lapse of any
considerable time would expose complainant
to innumerable suits by shippers and the
travelling public as well as subject 1t to the
penalties enumerated in the statute. Among
other things. the complainant prays for an
injunction against the railway commission
ers, the Attorney General and assistant at
torney general during the tendency of this
cause.
Claims Of the Commissioners.
1.-THE defendants insist that this Is suit
against the state of North Carolina, and
that the court cannot take jurisdiction of the
same consistently with the eleventh amend
ment of the Constitution of the United
States. 1t is also insisted that the COM
plainant has not shown facts sufficient to
justify the court in continuing the in
junction until the final hearing
Much has been properly said by counsel
representing the state in regard to the SOW
ereignty Of the state and its right to deal
with this question through its legislature.
That the legislature of the state has the
authority within certain limitations to fix
freight and passenger rates is undoubtedly
true. and is universally recognized by the
federal courts.
Rights of the State
1.-THE courts of the United States have at
all times acknowledged and respected the
power of the state in the administration
and enforcement of its laws 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 imrartially en-
forced whenever presented to the United
States courts for consideration. The court
does not undertake at this time to pass
upon the constitutionality of the act of the
legislature inasInuch as that question can
not be properly determined until after
thorough consideration Of all the
questions involved in this controversy.
and until the master shall have reported
his findings of fact in respect to the same
Il am of opinion that this is not suit
against the state within the meaning Of
the eleventh amendment. but that it Is a
suit against the defendants, who are
charged by the laws of North Carolina with
the administration and enforcement Of the
the complainant relating to the allegations
contained in the bill. when considered with
the evidence offered by the defendants
while not conclusive, nevertheless raises
so serious in it's character that the court
feels constrained to continue the restraining
order now in force until the final hear
ing.
Must Deposit Bond.
1.-The institution of this suit will neces-
sarily delay the determination of the rights
Of the public. as we'll as those of the COM
plainant nevertheless, under the order
which is to be entered In this clause, 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 be declared
constitutional, while, on the other hand, If
court should dissolve the restraining order
at this time. the complainant would be left
without a remedy in the event that 1t shouI-
ultimately prevail. An order will be en-
tered requiring the complainant to enter
into a 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 aggre-
gate freight rates now charged and those
to be fixed under the act of legislature in
the event that it should be finally deter
mined that the complainant is not entitled
to the relief demanded in the bill.
lowing to the fact that the questions in
volved in this controversy are of vital i'm
portance. not only to the compliments. but
to the public as we'll, it is highly important
that there should be speedy determination
of the same, and while it will entail addi-
tional labor upon me, l think that this
not later than the first Monday in Octo-
Der, thus affording an opportunity to have
the matter heard and a final determination
of the same by the Supreme Court at the
earliest possible moment"