The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-12-05
Judge Long Reversed in
This Respect by North
Carolina Tribunal.
HIS RULING STANDS
ON OTHER POINTS.
Gonstitntionality Of the Rate Law
Sustained, but Bill of Indict-
,nent Made No Criminal
Charge Against Rail-
road Com
pany.


RALEIGH. n. c.. December 4.-Tho
North Carolina Supreme Court, in a
decision handed down this afternoon.
reversed Judge Long. OF the Superior
Court. in the matter OF $4,000 imposed
% a nne on the Southern Railway for
ceiling passenger tickets at rate In
sxcess OF Ia cents. the State rate. and
OF the court and the constitutIonalIty
of the Legislative act In prescribing
punishment of agents and any officials
Of the road for selling tickets at an
excess rate, the bringing OF penalty
suits OF $500 each by individuals
against the corporation for violating
the law, and holding that the Federal
court has no authority TO issue an in
junction against bringing suits. cri1ni-
nal or civil. against the railroad. as 1t
would. in thus en1oining a criminal ac-
tion. he bringing al suit against the
state-forbidden by The United States
const!tution--as the act OF the Legis-
iature was self-operattng as to pas
the part OF State officials.
The opinion Is that OF four justices
OF the Supreme Court, and Is dissented
from by Chief Justice Clark. who
holds that If an agent can be fined or
imprisoned the railroad can also be
fined as punishment for Its acts In
causing an agent to sell tickets at II
legal rats. In his dissenting opinion
he intinates that the Legislature
should BIO called together in special
-. n. a
plicit that the railroads can be pun
ishcd by fines.
Associate Justice Brown. In con-
curing opinion with the court, says
that there Is no need OF an extra ses-
sion of the Legislature; that IL the
nrt as Il stands is enforced, the rail-
roa,ls could not stand q weeks viola
ton OF IT. "a
Tie Points Pnssed Gpon.
The opinion sets out the following
four points:
First. That there was no error
in Judge Long compelling trial
OF the case
Second. That the Federal court
injunction was no defense to
criminal action. no power lying In
the Federal court to cnjoin crimi-
nal prosecution.
Third That the rate law was
seIf-executlnE in effect, and that
no suit against the State Will hold
in defiance of the eleventh amend
inent to the Constitution.
Fourth That where Il civil PEN
atty is prescribed against corpo-
ration, followed by the creation
of a criminal offensc against tho
agents of the corporation, the civil
penalty first prescribed relieves the
corporation of punishment by in
dtctment under the criminal offense
created against the agent.
Not Charged In Indictment.
The court holds that the defendant
received absolutely fair trial before
Judge Long, but that there was no !
criminal offensc charged in the bill OF
Indictment against the Southern Rail- !
way, the. offense of selling tickets
sbove the Ia cent rate being charged
ngainst Ticket Agent T. L. Green, who
was punished by fine.
The act of the Legislature prohibits
a charge above 2 Ia cents per mile,
any railroad company violating the
provisions of the act shall be liable 10
a penalty of $500, and the agent being
guilty of u misdemeanor. The doctrine
Is that where an offense is created by
statute and the samesstatute prescribes
thc penalty, or the mode of procedure, |
only that Indicated by statute can be
followed. But where the offense is |
at common law. statutory provisions
not directly repugnant to the common
law are cumulative. and either law
may be followed. Where an offtnse is |
prohibited, but is silent as to any
penalty. an indictment will lie. But I
where an offense Is prohibited and a |
penalty Is. s.imposed, no Indictment will
lie. and hence Judgment OF the lower
court is arrested.
Hardly Have Extra Session.
The effect of the ruling of the SUI
preme Court and the probable steps
are mooted questions. Governor Glenn
Is In Washington. and no en- I
preston can be obtained here
from him. The general expectation
seems to be that there will be no
extra session, but that the case will
be allowed to go on up to the United
States Supreme Court, the Ia cent
rate continuing in. operation In the |
meantime. This seems to bef the ex-
pectution OF the State Supreme Court
Il. the light of its rulings.
Just As Was Expected.
tol,t