The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-30
PRIYCHARD MODIHIES ORDER
JUDGE SAYS NORTH CAROLINA
SITUATION rs UNPRECEDENTED.


80
with Federal Court and That n such
Construction should Prevail COnstitu-
uOn Would Become q Dead Letter.
AsHEvnLLE. N. C., July 2s.---The applica d.
tons now made to modify the %injunctions
heretofore granted in these cases present
a condition Of Affairs unprecedented in the
ma of this country" declared Judge
Pritchard to-day when the Southern Rail
way and the Atlantic Coast Line presented
petitions to him asking for a modification
Of the original United States Court injunc-
tons.
The railroads stated that they were
forced into submission" by the State.
Judge Pritchard said; There has been a
manifest disposition on the part OF the
State officials 20 interfere with the Federal
court.
IF this kind Of construction should pre-
vail and the citizens are thus TO be denied
the rights guaranteed them by the Constitu-
ton Of the United States. then those pro-
visions OF the Constitution would become a
dead letter. as there would he no means Of
enforcing them.
After a full and complete hearing Of
the matters raised by the pleading in these
causes injunctions pending the hearing Of
the questions involved in the original suits
were granted.
The Court in granting such injunctions
followed the course pursued by the SUI
preme Court Of the United States in the
cases Of Smyth VS.. Ames, Reagan VS..
Farmers Loan and Trust Company, Getting
VS.. Kansas Stock Yards Company and Prout
va. Starr and by the Circuit Courts Of the
IEAitad StataS - pnp,afots nthar ,aaaa
The effect Of the order restraining the
Corporation Commission Of North Caro-
lima 81 al. was to preserve the rights Of the
parties until the master TO whom this
cause had been referred could have an
opportunity to report the facts and thereby
enable the ou to correctly determine
whether the act in question is confiscatory.
In order to protect the travelling public
the complainants we're required to give
ample bond and security to se cure the
payment into the reg istry of the court a
sum sufficient TO paw the difference between
the present rate and the proposed rate 10
those who might in the meantime pur-
chase tickets.
The defendants could have appealed in
those cases. They filed an answer. and
the causes we're then and there referred
70 a master in order that the evidence might
he taken.
1T is unjust to say that the question of
State rights ia involved in Ibis controversy.
II is equally unjust to insist that what the
Court has done in the premises was an
Interference ON the part OF the Federal court
with the State courts. However, on the
other hand. there has been a manifest dis
position on the part OF the State officials to
interfere with the Federal court in its pro-
cedure 10 do equal justice between the
complainants and the defendants and in
Nho nxarNtan ~ eh0an nnunra nAna.aaElxr
incident to the protection OF its Jurisdiction.
when the motion for an interlocutory
injunction was made In these cases there
was full argument before me by counsel
representing the compliments and by
counsel representing the defendants. the
members OF the corporation commission.
the Attorney General and the Assistant
Acknowledgement Of North Carolina. This
argument lasted over several days and COW
cred all points at issue. UpoD this argyll
ment and my confederation Of the case |
entered the interlocutory injunctions.
On a subsequent occasion the matter
wal again presented 20 ma on the trial OF
a writ OF habeas corpus. L then delivered
a written opinion which states my views
Of the law. feel no doubt as to the sound
ness OF these views. nor as to rhe iurisdic-
ton OF this Court. nor its right and duty to
enter the interlocutory decree, nor, in
order to protect the jurisdiction Of this
Court, to disohaIge on habees corpus the
PERSONS VINO 0du DetD dTTcSteu OV tDe DuauR
authorities for compliance with the orders
Of this Court.
the defendants failed to appeal
from the order of this court awarding The
said i~nterlocutory injunctions nothing
remained except for this court to pursue
the orderly consideration Of the cases,
and meanwhile TO protect it's jurisdiction
and its processes when action on its part
was lawfully invoked.
The court still considers that IT, would
be its duty to continue this protection
whenever action on its part was lawfully
invoked. But az the omplainsnts for the
protection Of whoee rights the interlocutory
DEGREES were entered now move the court
for permission to surrender the protection
OF said order to the extent Indicated in
their respective petitions there Ia nothing
for the court TO do except grant the per-
mission prayed"
The Southern Railways ticket agent.
Wilson. who was arrested Saturday morn
ing at the time of President Finley's arrest.
was discharged to-day by Police Justice
Reynolds in the city police court.
RALEIGH \, c.. July 29.-Gov. Glenn
to-day issued a letter to the public review
ing the events in the railroad rate dispute
and advising that the people join with the
State authorities in giving full effect TO the
with the railroads signed Last
Saturday. The Governors statement fol-
lows:
The General Assembly a. its ast session
passed a law regulating passenger rates,
same 10 go into effect July /. 1907.
Before that time the Southern and Coast
Line railroads., through the Circuit Court
Of the United States. enioined he Corporation
Commission and the Attornev-Genersl from
publishing and putting the fixed rates into
effect.
Not believing that the Circuit Judge. in
an equity suit. by enioining the Corporation
Commission and Attorney General. could