The daily morning journal and courier., 1907-07-24

operate their trains, carry the mails or continue their usefulness in interstate commerce. The constitution of North Carolina contains ample provision for the protection and preservation of the liberty of the citizen.
 Section 1921 of the Revisal of North Carolina is as follows: Every person imprisoned or restrained of his liberty within this State for any criminal or supposed criminal matter or on any pretense whatsoever, except in cases specified in the succeeding section, may prosecute a writ of habea scorpus ac- cording to the provisions of this chap ter, to inquire into the cause of such imprisonment or restraint, and if il- legal to be delivered therefrom.'
 Penalty for Judge.
 Section 1920 of the same chapter is ths only law of which I have any knowledge which imposes upon a Judge a penalty for failure to perform judicial act
 ''The section in question reads as fol- lows: If any judge authorized by this chapter to grant writs of habeas corpus shall refuse to grant such writ when legally applied for every such judge shall forfeit to the party aggrieved two thousand and five hundred dollars. Thus it will be seen that the State constitution of North Carolina as well as the statutory law afford ample pro- lection to every person who is deprived of his liberty without due process of law, and such being the case it is re- markabIe that any one representing the State should be opposed to the grant l ing of the writ of habeas corpus Like wise the constitution of the United States and the revised statutes afford every citizen of the Union when inn prisoned contrary to law protection to the fullest extent by the writ of ha- | beas corpus.
 Notwithstanding the plain provision and enactment contained in the eonsti- tuition and revised statutes of the Unit ed States, as well as the States con- istitution and the statutes of the state. lit is seriously contended that the agents of the complaint in this instance when indicted for the violation of the statute, the enforcement of which has been restrained by this court, are not entitled to this remedy which is affurd- ed to every other citizen of the State.
 Deprived of Protection, 
 If this policy is to prevail in North Carolina persons who invest their money in enterprises like that of the onpIainant will be deprived of the means of protecting their property rights and denied the benefits of the writs of habeas corpus It will be a sad day for the people of North Caro- lima when its citizens are prohibited by the acts of the legislature from as- serting any right guaranteed to them by the constitution of the United States. Suits of this character have been brought in different States of the Union and in every instance the fed eral courts have proceeded to determine the questions involved without inter- ference. hindrance or delay by the leg islative or judicial authorities of such States
 ''The equal protection of the law is guaranteed to every citizen of the Unit ed States, and l shall employ all means within the power of the court to secure to all persons who may invoke the iur- isdietion of this suit such rights to the fullest extent of the law.
 "If the law is construed in a spirit of fairness and impartiality there can be no conflict of jurisdiction between the State courts and the courts of the United States. Much has been said in regard to the power of a court of equity to enjoin the prosecution of a criminal case. In the case of Dobbins vs. Los Angeles, 195 U. s. 241, Mir Justice Day, who delivered the opinion of the court, in discussing this phase of the ques- tion said.
 "It is we'll settled that where prop erty rights will be destroyed, unlawful interference by criminal proceedings, under a void law or ordinance, may be reached and controlled by a decree of a court of equity
 'Tn this instance the federal court has not been the aggressor, but has simply adopted the regular practice and procedure which has been approved by the Supreme Court of the United states in cases of like nature, and wEfle the court is not inclined to do anything that will produce an unseen- ly conflict, nevertheless it is encurn- bent upon it to protect the rights of the parties to this controversy and the dignity and authority of this court, and this cannot be accomplished with out preserving to the fullest extent the Jurisdiction of the court in determirl- ling the question has been submitted to it for consideration.
 Responsibility Assumed.
 If in pursuing the usual and we'll defined practice and procedure in such cases with the sole view of maintain