The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-22
STATE RIGHTS ISSUE GROWS
MAY CUT A BIG FIGURE IN PRESI-
DENTAL CAMPAIGN.

Controversy over Jurisdiction Of Fsders,
Courts An North Caroline and virginia
Railroad Cases LnphasiLcs Recently
Expressed views Of Root and KNOW.
WASHINGTON. July 2i.-The Federal au-
thorities are intensely interested In the
situation in North Carolina, where u clash
State and Federal Judiciary over the ques-
ton raised by the Southern Railway Com
pany as to the constitutionality OF the State
law prescribing a rate Of 2k cents a mills
for passenger traffic. Should Jeter O.
Pritchard. Federal Circuit Judge. order tbs
release Tomorrow OF the two psssens~
agents Of the Southern who were sentenc,t
to thirty days in the chain gang for vioii-
ton Of the State law it would precipitatea
crisis that might be serious in its coass-
quenoes.
Federal officials are Of the opinion that
it would again bring to the front as a political
issue the old question Of State rights, and
while no one here apprehends any such
discussion of the subject as preceded the
civil war period. the difficulty in North
Carolina is not underestimstcd The
Roosevelt Administrator is watching the
trend Of events in North Carolina. and a
day or 80 ago an agent Of the Department
OF Justice was sent 10 the State to make an
investigation and report.
Jeter q. Pritchard has beea prominent
in the Republican politics Of North Carolina
for many years. He was United States
Senator from the State for six years. and on
the expiration Of his term wa appointed a
Federal District Judge by President Roose-
welt. Later lie was promoted to the Circuit
Court. While he has held aloof from poll
tics since he has been on the bench, Judge
Pritchard has kept in touch with political
affairs State and national. he is a per-
sonal friend of President Roosevelt. He
Is expected here TO proceed with great tact
and diplomacy in the present emergency.
Advices received here are TO the effect
that the Virginia authorities. in which State
a TX cent fare law has been passed, will
adopt precisely the same course as these
in North Carolina. Judge Pritchard pre-
| sides in the circuit which embraces Vir-
GINA.
administrators officials frankly admit
that the trouble in North Carolina is preg-
nant OF embarrassment in a political way.
! Last December Secretary of State Root
delivered an address before the Pennsyl-
vania Society of New York in which he de-
olared i'm substance that the tendency OF the
times was for a stronger central govern
ment, made necessary by new economic
conditions and the dereliotions OF States
In June senator Philauder c. Knox OF
! Pennsylvania. who Is a Presidential candi-
date. using the view OF Secretary Root as
a text. started a discussion of State rights
| This discussion has grown out of the passag g
by Congress of the railroad rate law and
other acts which are supposed in some
quarters TO he of doubtful oonstitutionality,
Now comes the excitement in North
Carolina. which is expected TO break out in
like form in Virginia and other States Of
the South. Politicians are asking whether
after a lapse of many years State rights u
to become one Of the principal issues In this
| Presidential campaign of 1908
AsHEvILLE. y. C., July 2l.-Judge James
Fl. Merrimon, as special counse for the
4 State. appointed by Gov. Glenn, in the ha
beas corpus proceedings brought to re.
lease j. II. Wood. district assenger agent
of the Southern Railway, and {. Wilson.
ticket agent, from a thirty days sentences
on the chain gang for violating the new pas
ssnger rate law. has raised a new objection
to the position taken by the railroads that
the fourth section of the law. providinG
punishment for it's violation. is unconsti.
t%utional.
Gov. Glenn and counsel for the State con-
tend that even IL this fourth section should
be declared invalid and totally set aside
the defendants cannot be dis charged becau' 8
they would be punishable under the COM
mon law
The Governor contends hat the rate law
OF the State is, on it's face. valid. and all
courts must so treat IL until il is adjudesi
void by a court Of comp cent iuris 1iction
and tina no court will hold a statute void
on the ground that il liz unconstitutional
unless it's unconstitutionality is made to
appear beyond a reasonable doubt
They declare that Wool and Wilson wers
duly charged with a violation Of the rate Law
before a court of competent jurisdiction AMI
that they we're duly tried, convicted and SCI
tencei by the Court and turnel over to the
custody of the proper authorities Of tbs
county.
They contend that a Federal court has
no jurisdiction to discharge the petitioners
from that custody unless the law under
which they we're convicted and sentenced
Is unconstitutional; hat no court. Federal
or State, has jurisdiction to suspend a valid
State law by an in~terlocutory injunction,
that the Federal court in tho cases nov
before il is confronted with this dilemma
It must here and now declare the rate law
unconstitutional or it must hold that all
the people and courts Of the State are to
obey it's in~terlocutory injunction rather
than a valid law of the State il il discharges
the petitioners.
There is but one escape from the dilemma,
they say. and that is to dismiss the writs
of habeas corpus and remand the prisoners
to the custody Of the Sheriff Of Buncombe
county.
Gov. Glenn a the law will be enforcsi
and promises armed protection, II ueceS.
sary, to State officials.