The Washington herald., 1907-07-25
ENJOINING STATE COURTS.
Judge Pritehard Tries TO shaei<ie
North Cardinals judiciary.

From the Charlotte Observer
In issuing a blanket order forbidding
any one whomsoever from instituting OF
prosecuting any suit or other proceeding,
either civil or criminal, against the South
ern Railway or it's agents. under the State
laws prescribing reduced rates, Judge
Pritchard. to our mind, made an already
sufficiently bad matter worse. While the
restraining order specifically names Mr..
J. A. Spence and seventeen clients in pen
atty suits brought in Randolph County
Superior Court, and Mr.. B. c. Beckwith.
OF Raleigh, the human target upon whom
its aim really centers Is Judge Benjamin
Franklin Long, of the Superior Court OF
North Carolina. now holding court al
Raleigh. Judge Longs grand jury charge
a few days ago is fresh in the public rec
ter Of law that Federal courts cannot re-
strain State courts except where bank
ruptcy proceedings are concerned, he
called to the grand 1ury's attention the
passenger-fare statutes provision for pros
ecutiug disobedient railroad officials or
employees, and babe the jury do their duty
accordingly. 1t is an interesting cOinci-
dence that four bills Of indictment against
Thomas +. Green, Raleigh ticket agen,
Of the Southern. were returned the very
day that Judge Pritchard fired this second
round Of ammunition at the State. Tn
less room for possible backing down was
desired, the restraining order might as
well have expressly included any and al
officers OF the State.
The public win recall that Judge Long
position in this matter IS based upon sec
ton 40, Revised Statutes Of the United
States. For the second time we quote:
The writ OF injunction shall not be
granted by any court of the United States
10 stay proceedings IN any court OF a
State, except in cases where such injunc-
ton may be authorized by any law re-
lating TO proceedings IN bankruptcy"
This. be It remembered, is not a State
law with which Judge Pritchard must
reckOn-unfortunately he doesn't seem "a
care about a little thing like State law
but a Federal law. The provision could
hardly be more explicit. Federal judges
are positively forbidden to enjoin any
proceedings in State courts except such
as come under the national bankruptcy
laws This prohibition Judge Pritchard
has fatty ContTavened. We know OF no
defense 10 be made for his action except
such as may rest upon the broad ground
that a court has the inherent right 10
protect its jurisdiction and that this right
Is inalienable. Such a defense would be
valid for the Supreme Court Of the United
States, but hardly for a United States
circuit judge. The Supreme Court is the
creature of the Constitution. coordinate
with Congress and the Executive Congress
and the Executive can influence II only by
increasing the number Of justices. II IL
holds any right 10 be inherent in itself.
there is none to say nay. Judge Pritch-
ards court, on the other hand. is zone OF
those courts inferior 10 the Supreme
Court" which the Constitution author
lied Congress to create His court can
be totally abolished BY Congress al any
time. and yet, 10 all appearance. he has
nullifled an act or Congress as though he
were the Supreme Court itself