Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-20
STATE vs.. FEDERAL COURTS

The grave danger OF SERIOUS cOnn'cI
between the state and United States
courts has been transferred from RSleigh,
where on Thursday the Southern Rail
way receded from Its determination to
insist that Judge Pritchard, the United
Ftates judge, should take by habeas
corpus from the State Superior Court
General Ticket Agent Green, who was
or trial for charging more than two aud
one. quarter cents q mile to Asheville.
Judge Pritchard, who arrived at Ashe
vile at o'clock yesterday morning,
issued wriis of habeas corpus demanding
that the sheriff of BIncombe county be
present in his court and show cause why
he is OBTAINING j. II. Wood and .. q.
Wilson, Southern ticket agents at Ashe-
Vile who were convicted 10 police courI
on the charge of overcharging and were
sentenced to 30 days work on the roads,
on their refusal TO give bond, pay fine
or appeal. This action WAS taken irrespect'
ige of Governor Glenn's threat 10 prevent
by armed force any interference with the
state court.
The whole trouble arises over the pas
sage by the last legislature of law fix
ing the passenger rate at 2i cents mile
In May, on the application of the South
ern and almost every other railway OF
the state, Judge Pritchard directed the
state corporation commission 10 show
cause before him, at Asheville, why il
should not be prevented from enforcing
the law. At this hearing Judge Prit-
chard made an order fOrbidding the en-
forcement of the law by the state author
tiles until he could determine by evil
deuce to be thereafter taken whether it
was true, as alleged by the railroads,
that the new rate was so low IS to do
prive them OF any return on their prop
erty, and, therefore, as being confisca-
tory and violstive OF the Fourteenth
amendment.
The Injunction made certain state Off
GERS defendants, and, in general terms,
restrained all other persons from bring
ing the penalty suit provided by the law
and from proceeding criminally against
the railroads.
The Southern Railway Company was
yesterday fined $50, 900, and Thomas j..
Green, ticket agent Of the company, fined
So, in the State court at Raleigh, n. C.,
for selling railroad tickets at rate in
excess OF that provided by the recent
State law for uniform rate of 2i cents
a mile In North Carolina. The court
required Green to promise not to sell
tickets at the illegal rate. Green maze
the promise aud paid the fine.
The fine was imposed by Judge b. +.
Long yesterday evening after the jury had
returned q verdict of guilty against the
railroad and Ticket AgentT. E. Green, Of
the Raleigh Office of the road. In the case
against Green Judge Longs sentence wss
frat $40 and promise from Green not
to again defy the law by selling tickets
at an excess rate. Green was given
half hour for consideration and came into
court and agreed to pay the fine and give
the promise upon which the fine was re-
duced to S., which Green paid. The
morning was consumed BY argument OF
counsel for and against Green and the
Southern Railway, followed by the charge
to the jury.
In imposing sentence on the railway
Judge Long declared eTnl hatlcally that
Jurisdiction in criminal cases 10 North
Carolina lay exclusively with the State
courts. He informed The railroads
counsel that II the railway would obey
the act Of the legislature and put the
rate law into effect until fiually passed
upon by the proper tribunal the State
would hold up its cases. He directed
that execution be issued against the
Southern Railway for the payment OF
the fine of 5000 imposed, and that
the papers be placed 10 the hands OF the
sheriff for execution.