Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1907-08-02
CLASH OF AUTHORITY
FEDERAL COURT AND STATE
GOVERNMENT I'M CONFLICT.
North Carolina Judge NnrcLs Ous
in Part states New Rate Law
Governor Glenn Tiqucd over De-
cision and Orders Appeal.

Ii Wv plS
The penalty clause of the lew North
Carolina rate bill has been declared I'M
constitutional and void by United
States Judge Pritchard in Ashevillc,
James II. Wood, district passenger
agent Of the Southern, and G. 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 a few days ago by Po-
lice Justice Reynolds and sentenced to
Jail a writ of habeas corpus was issued
by Judge Pritchard, but the agents
were again arrested by the State u
thorities II sentenced by Justice Rcyn-
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 q judicial
hearing and would amount to $2,500,O0O
q 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:
The 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.
This 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 Paralyze 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.
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. It is
remarkable that anyone representing
the State should oppose the granting Of
the writ Of habeas corpus"
After Judge Pritchard had signed the
judgment Judge J. II. Merrimon, spe-
Of appeal and waived bonds, but under
the law the court fixed a bond of 5000
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
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 State
a 2A-cent fare law has been passed,
will adopt precisely the same course as
those iii North Carolina. Judge Pritch-
ard presides 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
P%ritchard's decision will precipitate a
crisis that may be serious in its con
sequences.
Federal officials are of the opinion
that 1t Will again bring to the front as
a political issue the old question OF
State rights, and while 10 one here ap.
prehends any such discussion of the
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 eXpira.
ton of his term was appointed a Fed
eral district Judge by President Roose.
welt. Later he was promoted to the
Circuit Court. While he has held aloo1
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.