The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-12-10
JUDGE LONG UPHELD EXCEPT As
TO FINE

unanimous court held that Judge Long
vas right upon every question IN the
rate case before him in Wake S1ge-
rfor Court except the imposition OF the
fine Of $4,000 imposed upon the
Southern RAILWAY for violating the
law when IL ordered Agent Green TO
sell exc at an illegal rate. Upon
the decision reversing Judge Long on
the fine. chief Justice Clark. though
~concurrlng m the balance Of the de-
c%ision. d~Isscntcd.
The Southern Railway sought to
have Judge Long reversed n court
holds that he was right in every rui-
ing except one and IN that-the N
dictment OF the Southern Railway
the Legislature by imposing n penalty
on the had not intended TO
make the COMPANY indictable. The
opinion OF the court ma be thus sum-
med UP in the terms OF 4 laynan:
!. II afnrms Judge Longs ruling
requiring trial at 4 July term, the
railroad cOntcndirg that it did not
have proper time To make its defense
2. IT declares the contention OF the
Southern Railway ~untenablc that, the
Federal court having assumed juris-
diction of the subject matter, the state
could not indict for violations OF Grim
inal actions.
8. 1t declares that the act OF the
General Assembly IS self-executing
and that Judge P~ritchard's injunction
was against the State OF North Caro-
lima and therefore in conflict with the
Eleventh Amendment OF the Constitu-
ton.
4. 1t reverses Judge Long upon the
Indictment of the Southern Railway.
holding tina the statute, having pre-
scribed the penalty-quasi criminal
for the benefit of the party aggrieved,
the railroad is not subject to indict-
ment under the section which in terms
made the agents indictable.
One of the leading lawyers in the
State, who believed the court ought
to affirm Judge Long and that the
penalty ought to stand, when the ru-
NOR was published some weeks ago
that the court would decide as it has
decided, in a private note said: IF the
opinion is as the reports have indicat-
victory for the State. The question as
to whether the Southern Railway, UNI
der the particular act, was indictable
or not, never was at all vital to the
States case. If the court holds that
the agents were indictable, that the
penalties are good, that Judge Pritch-
ard had no jurisdiction. that his re-
straining order was void, the State has
established its controversy and put the
State in a position where it can forever
control public service corporations"
The State has therefore in the opinion
of hat eminent lawyer won a very
great victory But while winning this
very great victory" upon important
points, it is a matter for profound re-
gret that the majority of the court re
versed9 Judge Long upon a phase
of TN 4ase, which while it may not
be vftdF to the states contention in
this case, is vital to the equity that
the principal ought not to c pun
ishment and the agent bear it all.
The opinion of Justice Walker upon
the three fundamental questions upon
which the court is unanimous, is a
strong and able opinion and presents
the contention of the State in this lit
igation in an unanswerable manner.
But when the able jurist reaches the
question Of whether the Southern
Railway could be indicted for advising
and compelling it's agent to commit a
crime. his opinion lacks the w to
carry conviction. He cites authorities,
some of which do not seem to be in
Point, to establish that where a penalty
is provided against a corporation 1t
cannot be indicted. In his dissenting
opinion, Chief Justice Clark shows
that "it has always been the law that
he who cause another to commit
crime is equally as guilty as he who
does the act" and truly declares that
..it is inconceivable that the Legisla-
ture of this State should make such
exemption in favor of the defend
ant company from the settled law Of
the ages that he who procures or
causes another to commit a crime IS
himself guilty" The agents were mo-
willing criminal. They were obey
ing orders. The court holds that Tom
Green. who a no criminal intent and
got no profit from disobeying the law.
and was acting under orders of the
Railway, could be sent to
Jail, but that no punishment could be
imposed upon the Southern Railway
nv the State of North Carolina. The
only way, they say that the railroad
can be reached is to permit somebody
who thinks he is injured to sue the
COMPANY. and if nobody assumes to
then the State is poWerless to pun
ish the guilty railroad. To state that
proposition is to c~onfound the tech
meal reasoning of the majority OF the
court. The truth is, as the Chief JUS
tice points out in his lucid opinion,
both remedies co-exist, and one does
not exclude the other The practical
effect of the opinion, then as to the in
Of the Southern Railway, is
that the state cannot touch it in any
for compelling its agents to vio-
late the law, though if any individual