The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1907-07-25
JUDGE VOIDS NEW LAW.
Pritchard Knocks Out Penalty Clause
in North Carolina Rate Statute
Warns Officials.

The penalty clause of the new North
Carolina state rate bill was declared
unconstitutional and void by United
| States Judge Pritchard at Asheville,
N. c., Monday. James H. Wood. dis
trict passenger agent of the Southern,
and C. Wilson, the ticket agent Of the
same road, who were recently sentenc'
ed to thirty days on the chaingang for
violation of the new law, were dis
| charged on habeas corpus proceed
ings.
In his decision Judge Pritchard said
that the penalties inflicted by the stat
ute would close the doors to judi
cial hearing and would amount to ST.
100000 a day If the penalty was en-
forced on the sale of each ticket, which
is eight times more than the amount
involved in the original suit. Also
that it would do violence to the comfy
which exists between the state and
federal courts. While not imputing any
improper motives to officials or state
courts, Judge Pritchard remarked that
if such a course of conduct was per.
mitted to be pursued it would have
the effect of defeating the jurisdiction
of the United States court. Continuing,
Judge Pritchard said:
1T will be a sad day for the people
of North Carolina when its citizens are
prohibited by acts Of the legislature
from securing any rights guarantees
to them by the constitution of the Uni~
ted States. Suits of this character have
been brought in different states Of
the union and in every instance fed
eral courts have proceeded to determine
questions involved without interfer-
ence, hindrance or delay by legislative
or judicial authorities of such states.
"The equal protection Of the law is
guaranteed to every citizen of the Uni
ted States, and I shall employ all
means within the power of the court
to secure to all persons who may in
woke. Jurisdiction of this court such
rights to the fullest extent Of the law.
If the law is construed in spirit Of
fairness and impartiality there can be
no conflict of jurisdiction between the
state courts and the courts of the Uni
ted States.
"In this instance the federal court
has not been the aggressor, but has
simply adopted the regular practice
and procedure which has been ap-
proved by the supreme court of the
United States in case of like nature,
and while the court Is not inclined to
do anything that will produce an un-
seemly conflict, nevertheless it is in
cumbent upon it to protect the rights
of the parties to this controversy and
the dignity and authority of this court.
This cannot be accomplished without
preserving to the fulles. extent the ju-
risdiction Of the court in determining
the question which has been submitted
to it for consideration.
"The court is confronted with open
and avowed opposition by the powers
of the state. The penalties prescribed
by the state statute for charging more
than the statutory rates are so errone-
GUS that if permitted to be enforced
they would practically bankrupt the
railroads in an exceedingly brief time,
and before a final hearing could be had
in the case, and thus place the CON-
plainant in a position where it would
be powerless to assert the rights guar
anteed to it by the constitution OF the
United States"
Many think the state authorities will
take some action in the direction OF
more penalty suits. President Finley,
General Counsel Tnom and other Of
fcials Of the Southern railway are
awaiting the next move.
After Judge Pritchard had signed the
judgment, Judge J. H. Merrimon, spe-
cial counsel for the state, gave notice
of appeal and waived bonds, but under
the law the court fixed a bond of 5000
each for Wood and Wilson. Both sides
co-operated tc make the appeal as
simple as possible in order to present
the point at issue to the supreme
court.