The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1907-07-25
RATE Law NOT VALID


Penalty Clause of the North Car
lima Rate Law Unconstitutional
An Appeal to the Supreme Court
Taken by the States Counsel
Attorney General Sent From Wash
ington by President Roosevelt TO
Promote Peace Between State and
Federal Courts.
AsheviIle, Special.-On Monday
| Judge Pritchard discharged Wood
and Wilson, the ticket agents, and
in doing so files an opinion of 1000
words, in which he bases HIS action
on the ground that agents were pro-
tected by his injunction and have
a right to sell at the old rate until
the new law is construed by his court.
Also because the penal features of
the new law is uncoustitutionl, be-
cause it is so heavy as to be conisca-
tory and prevent the roads from con-
testing it.
The action of the court in declaring
unconstitutional the penalty clause of
the rate, while not entirely unexpect-
ed here nevertheless excited intenste
interest. Prior to the rendering of
the opinion Judg Pritchard was re-
quested to- postpone tie decision I'M
til Speaker E. j. Justice could arrive
in Asheville, it being stated that he
was then on his way to- this city.
1t was stated that Governor Glenn
had telepraphedthe request; but
| Judge Pritchard declined to grant
this request, holding that the State
was ably represented.
Before Judge PJritchard Monday
afternoon T. J. Harmon, cited to APP
! pear and show cause why he should
not be attached for contempt of court
for disobeying the courts summons
In the rate hearing last week, made
answer to the rule, disavowing any
intention or desire to bring the court
into contempt and was discharged.
Discharge Not Absolute.
In d~ischarging Harmon the inter
esting and significant statement was
made to him by the court that, while
the respondent was discharged, his
discharge might not be absolute; that
the court was still considering the adj
visibility of proceeding against those
parties who were responsible for the
action against Wood and Wilson, evil
IDENTIFY meaning Police Judge Spears
Reynolds, j. B. Wells and others who
made afidavits and swOre out the
warrants on which Wood and Wilson
were arrested, convicted and senten-
ced to road service for violating the
State law.
Judge Pritchard's decision in the
habeas corpus proceedings and rail-
road rate law is as follows:
United States of America, Western
District of North Carolina, in the
Circuit Court
In re James III. Wood petitioner.
This is IAN application of the pc
titioner Jas. HI. Wood, to be dis
charged on a writ of habeas corpus
from the custody of the sheriff Of
Bancombe County.
The petitioner was indicted on Il
charged of having violated the pro
visions of section 4 of an act passed
at the session of the Legislature of
North Carolina, of 1907, prescribing
maximum charges, railroad companies
may make for transporting passen-
gers in North Carolina, tried and con-
victed and sentenced to a term .cf
thirty days Imprisonment to be work
ed upon the public roads of Bum
combe county.
Some time since suits were institu-
ted in the Circuit Court of the United
| States for the Eastern district of
North Carolina by several railroad
companies against the Corporation
Commissioners of North Carolina.
The Attorney General and the As
sistant Attorney General of that
State, for the purpose of obtaining
protection of the fourteenth amend
ment to the constitution of the Unit
| ed States against an act of the Leg
| islature of North Carolina establish
ing maximum rates which such com
panies claim to be cOnfiscatory, and
on a prima facie case motion was
made before me for interlocutary in
functions. ~
Accordingly, on the Goth of June
I issued injunctions pendentelite en-
Ejoining the defendants and all other
persons from putting the rates into
effect during the inquiry before me IS
to the constitutionality Of the same,
and from instituting> prosecutions or
attempting to impose penalties upon
the companies, or their employees for
failre to put into effect the statutory
rates which are being contested. The
court amply preserves the rights Of
all the travelling public by requiring
a coupon to be given to each pur-
chaser evidencing the amount to be
refunded to him in the event the rates
should be, upheld and to secure the
same ample bond and security were
L OIUon -teA