The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1907-07-18
COURTS IN COLLISION
Tilt Imminent Between the
State and Federal Judicial Machin-
cry Over Railroad Rate Matter.

wv 04OW A4GO OAOOOA 49,
tagonism by the filing in the Circuit
Court here of the supplemental bill
of complaint of the Southern and the
restraining order of Judge Pritchard
issued thereon whereby il is sought
to restrain certain citizens of the
State from prosecuting suits in the
State courts under the penalty clause
of the passenger rate law for viola
tions thereof. =
The restraining order also enjoins
all other persons and individuals and
corporation from prosecuting any
action for damages or proceeding for
the imposition of any penalty or pun
ishment upon the complainant rail
road under or by virtue Of the act, on
account of the violation of the pro-
visions thereof by said railroad.
At practically the same hour that
the supplemental bill was filed in the
Circuit court, the grand jury of Wake
county was returning indictments In
four cases against T. E. Green, of
the Southern for violation Of the law
under the provision thereof constitu-
ting such violation a misdemeanor
punishable by fine and Imprisonment
in the discretion of the court.
When capiases are issued for Mr..
Green from the Superior court on
Monday the question of State or Fed
eral sovereignty will be actually pre-
sented. Although the restraining or
der does not specify solicitors or of
ficers or presume In terms to restrain
a court, its spirit and intendment can
be nothing else. When the solicitor
of the district takes steps, thereof, To
prosecute the indictments the ques-
ton will be fairly presented to Judge
Prltchard whether or not he will at
tempt to interfere or not TAOIAAA
tempt with the procedure of the
North Carolina courts.
In case he should so attempt to
interfere the conflict or jurisdiction
would be so sharply drawn as to Gre
ate a situation practically without
precedent if he should not attempt 10
interfere with the State court the
jury in the cases gainst Mr.. Green
will be called upon to pass upon ali
the matter set up in the bill of COM
paint of the railroad, since it is only
upon the idea that the rate is con-
fscatory and the act therefore un.
constitutional that the Southern can
hope to defend its violation. The
legal controversy on the constitutions
al question will be shifted at once
from the Federal to the State courts.
In the meantime the individual res
pondents are cited to appear at Asha-
vile, August II, and show cause why
an injunction pendente lite should not
issue restraining them from prose
cutting their actions for penalties al
ready begun In the State courts.
Individuals Enjoined.
The individuals against whom the
bill of restraining order are directed
are Messrs. J. A. Spence, Elijah Moi
fit, j. r. Mckenzie, E. B. Hatch, w.
G.. Hurley, A. Armstrong, L. F. Nance
Spencer Howell, Robert Howell, Coon
Armstrong, Henry Smitherson, Jesse
Eldridge, Claude Howell, Wallace
Armstrong, Guy Smitherson, j. NJ.
Way and B. C.. Beckwith, all of whom
are made parties defendant to the bill
originally filed against the Corpora
ton Commission and the Attorney
General and his assistant.
In the case of each of these new
parties, with the exception of Mr.. B.
G. Beckwith, it is. alleged that they
have either brought suit or suit has
been brought in their behalf for the
recovery of the five hundred dollar
penalty prescribed as recoverable by
an aggrieved party in case he is
fare by any railroad.
As to Mr.. Beckwith, the allegation
is that he has published publicity his
willingness and intention of bringing
such suits for penalty In spite of the
pending injunction by Judge Prit-
chard and it is alleged on information
and belief that he is in fact contem-
plating and preparing the commence
,ment of suits against the complain
ant for the recovery of such penalty.
The papers were left with the Clerk
of the Eastern District Hiram Grant,
to be served. Nh. Beckwith, the only
local party named in the bill, was not
served until late in the afternoon.
Service OF the other parties will be
made by the Marshal as soon as pos
sible.
Conflicts Between Courts.
The very interesting matter in con-
nection with the new bill and re-
s~training order is, of course, what eff.
feet if any it will have upon the Grim
inal proceedings started In the SUI
perior Court of Wake county for vio-
lations of the law, which makes the
charging of the Illegal rate a INSIDE
meanor aS we'll &C the hacic For a emit