The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-07-18
Judge Pritchard Under Fire.
'harIOtte Observer

State laws must be set aside When
they clearly infringe upon the do
main OF Federal authority is evident.
The Union could not hold together
| otherwise. But in these rate cases
there existed no such conflict OF au-
thoritv. The plea made by the rail
roads related solely to a right guar
anteed them as citizens OF the United
| States under the constitution. 1t
WAS claimed that the reduction OF
fares is confiscatOry and therefore IN
violation Of that clause Of the four
teenth amendment which prohibits
the States from depriving any per-
son OF property without due process
OF law The parties who asked that
q duly enacted law Of North Carolina
be nulified were not the general gov
eminent but certain railroad COM
panies. Nothing could appear clear
er to US than that the burden OF
proof rested upon the citizens who
sought to humble and overthrow the
State and that this burden was enor-
mousIy heavy. Judge Pritchard did
not require it to be lifted. Upon lit
| tie more than nominal showing by
the railroads, he granted the desired
notification, and this although the
railroads in question so VIGOROUSLY
Cypress and discriminate against
| North Carolina that, granting pas
senper fares to have been reduced
| little overmuch-2h cents, instead OF
~. was the Observers chOice-it
would still be easy to picture court
of equity impatiently turning away
cOInplainants who came with their
own hands so unclean. Under cir
cumstances where the defendant
States cause was not nearly so
strong other Federal Judges have
acted quite differently. In Iowa in
| reference against IL 2-cent law was
fatty refused and in other States, i'll
| Guiding IL Southern State, 2-cent laws
have been granted fair trial in act
ual OperatiOn-the Only means, after
all, bv which the truth can be arcer-
| tanned and one which the SeabOard
Air Line, the Norfolk K Western and
other roads have voluntarily adopt
ed.
In the Virginia 2-cent passenger
fare case Judge Pritchard similarly
held against the State. This case,
however, presented special compll-
cation. Unlike the corporation com
mission of North Carolina and nearly
every other State, that of Virginia is
not II mere creature OF the Lpglsla-
ture but an independent body owing
it's existence to the State cOnstitu-
ton and possessing Legislative pow
ers of its own That some OF these
powers are exclusive because evident
last wear, when the railroa is appeal
ed u 2-cent passenger fare law passed
bv the Legislature to the State SUI
preme Court on the plea that only
the corporation commission had
power to make such an enactment.
After due deliberation the corpora
ton commission passed similar law
on it's own account and the railroads
took the tack which the Southern
Railway and Atlantic Coast Line
took i'm North CarOlina-skurried to
the Federal courts. AS an important
part of it's defence the State contend
ed that the corporation cOmmi-si
was essentially Il judicial body and
that it's action in this instance came
within the meaning of section 12O,
Revised Statutes of the United States,
which provides:
The writ of Injunction shall not be
granted by any court of the United States
to stay proceedings in any court OF
State, except iii cases where such lnJunc-
ton may he authorized by any law re-
lating to proceedings in bankruptcy.
Judge Prtchard. with. to us, evi-
dent correctness, held that III this
matter the corporation commission
was exercising u legislative and not
Il judicial function. 1t might be n
court but, as the Supreme Court OF
Virginia had already held, it likewise
possessed Legislative and administra-
tive powers. SO, this defence failing,
the State had to put up with an in
junction like that dealt North Caro-
lima. with similar cOncOmltants OF
testimony taking before United
States Court commissioners, rebate
checks to protect purchasers us far
as possible, etc. In one respect, how
ever, this order of injunction went
much beyond its North Carolina fel-
low. Not only were the corporation
commission and it's clerk forbidden
to issue an order for 2-cent fare but
the newspapers were forbidden to
publish it. This latter prohibition
strikes our Virginia contemporaries
as particularly high handed, and the
Richmond Journal offers itself will
lag sacrifice in case the commissions
| ers have the nerve to risk Jail by is
suing the forbidden order. Judge
Pritchard is being pretty generally
cussed in Virginia, AS well as in North
Carolina. In fact, newspapers all
over the country have begun cuSsing
him for his action in the two eases.
Amid all the clamOr which his de-
cisiOns have evoked there remains to
Judge Pritchard. we make not the
| slightest doubt, Il consollng sense Of
| having done what lie believed right
| This should be sufficient consolation
| to any man against bowling world
but most ofall to a Judge. The Judge
who considers popularity in making
up his decisions is unworthy to sit in
Judgment. "A popular Judge is de-
formed thing wrote Bacon three
centuries ago, and these words are
as true now as they were then. That
the Supreme Court of United States
will share the responsibility before
these matters are finally adiudicated
must be, as indeed he stated in his
opinion on the Virginia case,a source
OF satisfaction to Judge Pritchard
If We could only believe that his nc
ton was as wise as it was well-intend-
ed we should extend to him unre-
served congratulations rather than
sympathy.
500 Reward, SIOo.
| The reader of this paper will be pleased 10
learn that there is at least one dreaded dis
! ease that science has been able to cure in all