Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1907-08-06
CLASH OF AUTHORITY
FEDERAL COURT AND STATE
GOVERNMENT IN CONFLICT.
North Carolina Judge Knocks Out
in Part states New Rate Law
Governor Glenn PiQued over De-
cision and Orders Appeal.

The penalty clause of the new North
Carolina rate bill has been declared un-
constitutional and void by United
States Judge Pritchard in Asheville.
James Fl. Wood, district passenger
agent of the Southern, and c. Wilson,
the ticket agent of the same road, who
were recently sentenced to thirty days
on the chain gang for violation of the
law, were discharged on habeas corpus
proceedings
When defendant agents of the com
pany were fined few days ago by Po-
lice Justice Reynolds ard sentenced to
Jail writ of habeas corpus was issued
by Judge Pritchard, but the agents
were again arrested by the State au-
thorities and sentenced by Justice Reyn-
olds to thirty days on the chain gang.
Contempt proceedings were then
brought for resistance of the Federal
Court
Fines Would BE Millions.
In his decision Judge Pritchard said
that the penalties inflicted by the stat
nte would close the doors to a judicial
hearing and would amount to $2,5O0OO0
day if the penalty was enforced on
the sale Of each ticket, which is eight
times more than the amount involved
in the original suit. Also that it would
do violence to the comfy which exists
between the State and Federal courts.
Continuing, Judge Pritchard said:
'sThe equal protection of the law is
guaranteed to every citizen of the
United States and l shall employ all
means within the power of the court to
secure to all persons, who may invoke
jurisdiction of this court, such rights to
the fullest extent of the law.
'9This court is confronted with open
and avowed opposition by the powers of
the State. The penalties prescribed by
the State statute for charging more
than the statutory rates are so enor-
nous that if permitted to be enforced
they would practically bankrupt the
railroads in an exceedingly brief time.
Would ParaIyze Roads.
IF the criminal prosecutions against
the agents, conductors and employees are
permitted to continue, the managers of
the railroads cannot successfully oper-
ate their trains, carrying the mails or
continue their usefulness in interstate
commerce.
1.-The State constitution as well as
the statutory law afford ample protec-
ton to every person deprived of his lib
erty without due process of law. 1t is
remarkable that anyone representing
the State should oppose the granting of
the writ of habeas corpus"
After Judge Patchard had signed the
judgment Judge ]. H. Merrimon, spe-
cial counsel for the State, gave notice
of appeal and waived bonds, but under
the law the court fixed bond of $500
each for Wood and Wilson.
Governor Glenn wired the States At
torney to appeal at once to the Supreme
Court of the United States from the
decision of Judge Pritchard. He states
that even If Section 4, the criminal pen
atty section, is stricken out the law is
not affected, and the Southern Railway
can be indicted under the common law
Advices received are to the effect that
the Virginia authorities, in which Scate
a pa cent fare law has been passed,
will adopt precisely the same course as
those in North Carolina. Judge Pritch-
ard presdes in the circuit which en-
braces Virginia.
States Rights Question Raised.
The Federal authorities In Washing
ton are intensely interested in the sit
uation. 1t is believed that Judge
Pritchard's decision will precipitate a
crisis that may be serious in its con-
sequences.
Federal officials are of the opinion
that it will again bring to the front as
political issue the old question Of
State rights, and while no one here APP
subject as preceded the civil war pc
riod, the difficulty in North Carolina is
not underestimate.
Peter G. Pritchard has been prom
inent in the Republican politics of
North Carolina for many years. He
was United States Senator from the
State for six years, and on the expiIa-
ton of his term was appointed a Fed
eral district judge by President Roose-
welt. Later he was promoted to the
from politics since he has been on the
bench, Judge Pritchard has kept in
touch with political affairs, State and
national. He is a personal friend of
President Roosevelt