The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-12-10

poration itself which procured and or
deFed Green to violate the Law. for u
has pleaded in this ease. and set Up
as an exhibit. a copy Of the procee;-
tngS brought by the corporation IN =
own name in the Federal Court ~
which IL ~ that IL vas causing ta
agents 20 sell tickets above the rate
allowed BY the statute. and asking IN
Injunction against interference with
IL IN so doing.
I concur cordially with the co4-t.
for the reasons Il 50 vel gives. that
the act cf the Federal Court in en-
Joining the civil remedy given by the
Act. and also in withdrawing ~
Habeas Corpus the agents of the de-
PENDANT company from the criminal
process Of the State courts. Is un"af-
ranted and contrary To the decisions
q tae United States Supreme Court
But this can avail ought and =
merely cbiter dictu.. The sole rem
edy left the state is By the enforce
ment Of its criminal process against
the defer dant company, which caliF
and hourly and ~defiantly violated the
state statute till stopped By this pro-
ceedinR. though no court has yet held
the cat void or unconstitutional II
was only by thisenforcement 81 ne
criminal law, which the Federal court
could not enjoin, and against a cor
poration. for whose ~ang bo1y
Aft 81 OAdEt E'G44 ~ go ++
Habeas Corpus. that the Executive OF
this State was able 70 put the statute
In force. 1t is due TO his alone that
fer three months our citizens nave
been bic to use the passenger Trans
without being controlled 10 pay illegal
fares.
There is a great contest going on.
not only here but elsewhere, whether
the people are powerful enough 10 en-
force Their laws against the great artl-
fetal creatures of their own statutes
Till Of late years they have been pow
not to their liking. Now that such
statutes are being passed in response
TO a pubic demand which can no
longer be disregarded, efforts are
made in the courts by resort TO in
junctive proceedings, to restrain. pre-
vent or rullify the action of legislative
bodies. The Legislature of North Car
DINA we'll knew from the experience
of other States that this would be at
tempted here. Hence to secure en-
forcement of the law, it gave both the
civil remedy for penalties to the ticket
buyer, If compelled to pay an ezceS-
sive and illegal fare, and made the
selling 4 misdemeanor which must be
enforced in its own courts and cannot
be enjoined as is well shown by the
opinion of the court in this case. The
legislature neglected no mean to
cause our laws to be respected and
obeyed.
The remedy by indictment of the
defendant company not only cannot
be enjoined by another jurisdiction
(even illegally nor can the defendant
company be spirited away by Habeas
Corpus. as has been lone with i0di-
vidual agents, but there IS the further
consideration that the facts set up to
defeat the operation Of the law must
be found in the constitutional mode
by a jury of twelve men, and are not
to be found by a Judge, or his clerk,
as in tho injunction or habeaS corpus
proceedings which nave been reSorted
to. Besides in the trial before a JIry.
matters Eeyond d very limited time
Will not be shut out from a fai.' and
full Investigation.
1t is scarcely possible that the state
will submit to be controlled by i%njunc-
ton proceedings against the enforce
mentS of its laws. IT this court con-
cludes that the act is defective. a Spo.
cial session Of the General Assent bis
car, of curse, be called. which calI
still moro clearly express the deternn
inatiOn OF the freemen of North Caro-
lima. that the law shall apply to all
alike AMI this this corporation is not
exempt from its power. It is a mat
ter of regret that this great expense
alike ana this corporation is not
the defendant company exempted from
to a fine which was justly i'm
posed for its open, continued and con-
temptuous disregard of a statute
which no court has yet held void or
unconstitutional.