Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-12-05
DECISION REVERSED.

Il
at Raleigh Yesterday handed down an
opinion in the passenger rate lltIgstlon'
reversing the decision of judge Long in
6ning the Southern Railway Company
$50 coo for seliog tickets At rates In
excess of 2 IA cents, prescribed oy The
new law. Iu I'll other essenti4l psrticu
lars the rate law is declared constitutional.
The opinion sffirms the right ot the
State courts TO punish agents snd ofhclsls
of The roads tor seliog -icke's sc an ex-
cess rate. The bringing OF pen'l'y sul'~
of $500 ach by individuals gsinSt The
corporslion for violating the law Ia up
held. II holds that the Federal court
has no authority to issue sn injunction
against bringing suits, criminal or civil,
against the railroad, as it would in thus
enioiDing a criminal action bring a suit
against the State, which is forbidden by
the United States constitution, as the
act of the legislature was selfoperatlug
as to passenger tares, and required no
action on the part Of State officials.
The opinion is rendered by four JUS
tiees Of the Supreme Court, and Is dIs'
sehted from by Chief Justice Clark, who
holds that if an agent can be fined or in
prisoped. The railroad also can be foed
as a punishment for is acts in causing
an agent to sell tickets at illegal rates
10 bis dissenting opinion he intimates
that the legislature should be cslled to-
ge,ber in special session, so as to make
the act so explicit that the railroads can
be punished bg fines.
Associate Justice Brown, in an opinion
concurring with the M prity, Gays thai
there is no need Of an extra session of
the legislature, for if the sct as it stand
is enforced the railroads would not stand
a weeks violation of il.
The opinion sets out the following four
points
Firsl-That there was no error IN
Judge Long compelling q trisl OF 1h"
case.
Second-Thst the federal courts ip-
junction wss no defense to criminal
action, the federal court having no power
10 epioin a criminal prose ,utiou.
Third-Tbat the rate law was SELF
executing in effect and that no suit
against the State will hold in deis1ce OF
the eleventh amendment to the consti-
tuition.
Fourth-That where q civil penslty is
prescribed against a corporation, fol'"-
ed by the creation OF criminal offsDse
against lhe agents of the corporation,
the civil penalty first prescribed relieves
the corporation of punishment by IN
dIctmeDt under the criminal offense
created against the agent.
The court holds that The defendant re-
ceived absolutely fair trial before Judg'
Long. but that there was 90 criminal Of"
tense charged in the bil Of indie men
against the Sou bern Railway. 'hr OF
tense of selling tickets above the IA
rate being charged against Ticket Agent
T E Green, who vas punished by hne
The act of the legislature prohibits a
charge above 2 IA cents per mile, end
then provides that any rsil Osd company
violating the provisions of he act shall
oe liable to penalty of $500, and the
agent be guilty of a misdem, amor. The
opinion b Ids that where an oheDse is
created by statute and the same statute
prescribes the penalty, or the mode OF
procedure, only that indicated by statute
can be followed, but where the ofense
IS at common law, statutory provisions
| not directly repugnant to the common
Law are cumuls i've and either law may
he followed. Where an Ofenss is pre-
hibiled but the law is silent as to any
penalty, sn Indictment will lie, bu'
y here an ofense is prohibited and
penalty is imposed, the court holds ths'
no indictment will lie, and hence the
judgment of the lower court is arrested