The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1907-07-25
SOUTHERN BACKS DOWN
Governor Threatened to Use Troops
Against Federal Courts.

Asheville, NJ @. Especially. - The
Southern Railway Company, alarmed
by the public sentiment aroused by
its move to have United States Cir
cult Court Judge Pritchard take by
habeas corpus proceedings from the
State Superior Court actually engaged
In trying him at Raleigh, Ticket Agent
Green, who was indicted for violat-
Ing the new Railway Rate law by
charging more than 2H cents a mile
Tor tickets, has backed down, after
getting the issuance OF the writ and
having Judge Pritchard go to Raj
eigh to enforce it.
The contest between the State
Court, backed by Governor Glenn,
who says he will call out armed force
to prevent alleged highhanded and
despotic interference by the Federal
Court with a prisoner on trial in the
State Court, and the United States
Circuit Court has been transferred to
Asheville. Judge Pritchard at 1.3O
O'Clock Friday morning issued writs
OF habeas corpus commanding the
Sheriff of the county to present to
him ]. H. Wood and o. c. Wilson,
Southern ticket agents here, who
were sentenced to the chain gang
for 30 days because they refused to
pay a fine or appeal or otherwise
recognize the State Court on con-
viction of charging more than 2A
cents a mile.
The hearing was set for Friday
morning, and Governor Glenn, being
unable to get here in time to per-
sonally direct the fight, was in charge
OF the situation by telephone and en-
gagged counsel to resist the release of
the prisoners. Railway counsel APP
peared for Wood and Wilson and
sought to prove by Judge Reynolds,
OF the Police Court. and other Wit
nesses that Reynolds was instigating
the prosecution of the railway for
violating the law. They said he had
dismissed previous warrant in or
der to prevent Judge Pritchard from
hearing the case on habeas corpus,
and had waited until Judge Pritchard
had left the city, procured other war
rants on the same charge and rushed
the defendants to trial.
Counsel for the State vehemently
protested against Judge Pritchard
Ah'CSbiShbiHb JuS HOllNeS Oh court
of equal dignity with his own.
1t was asserted that when Judge
Pritchard left Asheville Wednesday
evening he would call on President
Roosevelt for force necessary to en-
force his writ, but public sentiment
all over the State was so aroused that
the railroad backed down and q con-
fict was avoided by direction to the
United States Marshal not to serve
the writ on the Sheriff, and Judge
Pritchard returned to Asheville.
The hearing was continued,
when the man who swore out the
warrant will be asked to give his
motives in swearing 1t out. The
railway contended that the coupon
slips issued at Judge Pitchard's Or
der to those who paid more than 2A
cents a mile had been used as evil |
dence in the State Court trial of |
Wood and Wilson, and so the order
Of the United States Court was |
issued to defeat itself.
The attorneys for the railway are |
.rying to get witnesses to swear that
Judge Reynolds said If Judge Pritch-
ard interfered with his court he /
would put him in jail for contempt
and will represent to Judge Pritchard
that he should imprison Reynolds for |
this. This action will be resisted to |
he utmost by Governor Glenn.
There is much bitter feeling aroused |
by what is termed the overbearing
treatment of the State Court by the
United States Court.