The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-21
OFFICIALS CAME
ON FAST SPECIALS
President Finley and Judge
Humphreys Hurry from Lofts
Vile to Ashevilles o9At- 81
tend Hearing Situation,
seriousfori Southern ii 5t
Judge5Sustains Law.
,. \.


ment on the haheas corpus proceedings
brought by Messrs. ] II. Good and O. s$
g. Wilson in the United States sCir rctit
Court to secure their release from, the NJ
sentence Imposed on them rhursday n NJ,
the Police Courtffor violating as agents n
OF the Southern Railway, the State rate W
law, was closed this evening. and sJudge 4s
Prtchard announced that O $. ne WIS sneu4Ss3a
to accompany his decision with4a writ M
ten statement he would adjourn court
until Monday morning at 70 o'clock. a33f
From the extended arguments by s.
counsel for the petitioners and State
In d courtroom crowded tolits utmost
capacity by hundred 8 of citizens, ca ger n
to hear eontinua ton of the Intensely
evidence OF the day before,
when railway counsel put Police Court
Judge Reynolds and those who took
out warrants on the rack Of $examtf1a-
ton, the outcome Of o-days s sllearin g
Is, of course, a matter OF specula ton 4
only ar3present,
The court may declare tunconstitu-lfs
tional the section Of crate law pro-
viding criminal punishment for rail- 81
ways and railway agents who violate
the law. and so release the defendants,
Messrs. Wood and Wilson. The State
Will appeal from this decision to the
Supreme Court of the United States @;
and the railway will appeal from the re
! fine OF $40 900 tmpos sed on i t by u I'D sc
Long, at Raleigh to the same court,
and thus the State courts being recog.
nized by the railway, the danger of 8
any clash between courts will pass
land the contest will proceed regularly
and peacefully through the courts. State
and United States. X, 81 ,s q
SOUTHERN ASKS JUDGE no
RESTRAIN ALL PERSONS SUING
5E The Southern asks Judge Pritchard
Ito hold that the criminal section isss
4 Iunconstitutlonalsc on Its facs because it,
! 4 virtually prevents the raj Iva VI ssfrelns
ling to the congts tn on TN 8sl
4 IvaIi5i itytsofs lleS and 10 einite}ya
i enjoin all persons from bringing. pen -S3
4 atty. suits OF. criminal prosecut tion.
II r. IheE tmpressio on that Judge Pritchard
i will SO decide Is based on his previous
\ Holdings, the remarks he made to-day
at the trial ana the belief by some who
are on the side OF the State that such
1 Will be the holding. II
There are now here President w. W.
Finley of the Southern; General Coun-
sci A. r. Thorn. Of washington; General
Counsel Alexander p. Humphreys Of
Louisville; Walker D. Hines. OF New
4 York special counsel. and C.sE. Ackert,
| vice president. Only an d occasion OF
| moment could have caused this gather
Ing! here, and the running Of a special
Etraln ito " OrlngS Mr. Finley aHdi4IudEes
/ Humphrey from Louisville. Itswas not
the habea3 corpus proceedings, Inn
portant though they are, as being tho
i first test case under the rate law, be-
i cause any penalty could be avoided by
the petitioners taking an appeal from
4 Police Court. They came to secure!
i from the only court which could afford
4 1t comprehensive relief from a multi-5
4 plicity of penalty suits and criminal
A prosecutions, which IL people were
4 aroused to vlndicatiye action could
A swamp the railway and harass It be-
slgyond endurance.
& 1T JUDGES DECISION is
Z. FAVORABLE, COAST CLEAR
q If Judge Pritchard holds the crimi-
4 nal provision section Unconstitutional.
to stop all cases similar to the Ashe-5
!, vile Police Court cases by the issu-
E ance of a blanket Injunction forbid
ding such processes. 2e
1t Is the general legal opinion that
.lif Judge Pritchard declares the crimi-5
nal section Unconstitutional there will
. be acquiesence by the State courts.
Which have all along contended that
the Federal court might rule the stat
ute unconstitutional, but not otherwise
suspend q law. 1T Ia understood here
i that the many eminent tcounselaare in
Il Ashevile to get an orderi$Which will
end an endless procession OF suits ana
!. prosecutions, whatever form 1t takes.
n Messrs. Rodman and Thom spoke for
; the railroad and Judge j. III. and I'D.
Merriman argued for the State.