The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1907-08-02
Il. lii AUTHORITY
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Gevermss ass@a rtassa owes Der
sisaea ana order. Appeal.
TAe penalty clause Of the new North
Carolina rata bin has been declared an,
constitutional and void b. Unlted
States Judge Prltchard In Asheville.
James II. Wood. Gistrict passenger
sagent OF tho Southern. and c. Wilson
The ticket agent Of the same road, who
we're recently sentenced to thirty days
on the chain gang fer violation OF thu
law. were discharged on habeas corpus
proceedings.
When defendant agents of the COM
pany were fined few days ago BY Po-
lice Justice Reynolds and sentenced to
Jail writ Of habeas corpus was issued
BY Judge pritchard. but the ageLts
were again arrested by the State au-
:horities and sentenced by Justice Reyn-
aids to thirty days on the chain gang.
Contempt proceedings were then
brought for resistance of the Federal
Court.
rfnss wouId Ne Adillisns.
In hiK decision Judge Pritchard said
that the penalties inflicted by the stat
ate would close the DOORS to judicial
nearing and would amount % sAn00J 900
/ day II 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 1t would
DO violence to the comfy which exists
between the State and Federal courts
Continuing. Judge Pritchard said:
.yrhe equal protection of the law ID
guaranteed to every citizen Of the
United States and | shall employ all
means within the power of the court to
secure to al persons, who may invoke
Jurisdiction OF this court, such rights to
the fullest extent OF the law.
This court Is confronted with open
ana avowed opposition BY the powers Of
the State. The penalties prescribed by
the State statute for charging moro
than tho statutory rates are SO enor-
nous that II permitted to BE- enforced
they would practically bankrupt the
railroads IN an exceedingly brief time.
wsulA ParaIyse Roads.
III the criminal prosecutions against
he agsn1s, conductors and employees are
perni1nsd = eentinue, the managers Of
the railroads oarnet successfully oyer.
AZ thar trsinA carrying ~ nnais or
continue THAR usefulness In intsrstats
eommerco.
sThe State constitution as well a.
the statutory law afford ample protec-
tion to svsry person deprived Of his lib
erty without due process Of law. 1t u
remarkable that anyone representing
the Stata should oppose the granting OF
the writ Of habeas corpus"
After Judge Pritchard had signed the
Judgment Judge J. H. Msrrimon. spe-
ciaI counsel for the State, gave notice
II appeal and waived bonds. but under
the law the court fixed bond Of 500
zach for Wood and Wilson.
Governor Glenn wired the States At
torney to appeal at once to the Supreme
Court OF The United States from ths
decision of Judge Pritchard. He states
that sven II Section 4 the criminal pen
atty section. Is stricken out the law ID
not affected, and the Southern Railway
can be indicted under the common law.
Advicss received are to the effect that
the Virginia authorities. In which Stats
I ~ cent fare law has been passed.
will adopt precisely the same course a.
those In North Carolina. Judge Pritch-
ard presidss In the circuit which en-
braces Virginia.
states RigAts 0ns~tion Raised.
The Federal authorities In Washing
ton are intensely interested In the sit
uation. II Is believed that judge
Pritchard's decision will precipItate q
crisis that may he serious In its con
sequences.
Federal ofliciais are or the opinion
that it win again bring to the front ri
Z political issue the old question q
state rights. and while no one here ap
prehends any such discussion OF thu
subject AZ preceded the civil war pc
Rod, the difiicuity In North Carolina Il
not underestimated.
Peter @. Pritchard has been prom
inent In the Republican politics O
North Carolina for many years III
was United States Senator from tn
State for six years, and on the expIra
ton Of his term was appointed Fed
eral district Judge BY President Rocss
selt. Latsr he was promoted TO th'
Circuit Court. While be has held aloo
from politics since be has been on th
bench. Judge Pritrhard has kept i
touch With political affairs. State an
national. He II personal friend Q
President Roosevelt