The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-20
$4,000
IN RATE LAW
CASE IN N. {.
Southern Railway Will APP
! peal=-Agent Fined S.
and Loses Job.

RALEIGH, N. c., July 20.-Following
his defiance of United States Circuit
Judge Pritchard to take a prisoner
from his custody or to interfere with
the procedure of his court, Superior
Court Judge Benjamin It. Long yester-
day fined the Southern Railway $500 0
for violation of the new 2A-cent fare
law, and fned City Ticket Agent
Thomas j. Green IS. Green was also
compelled to promise that he would
not again sell tickets in violation of
the law. The giving of this pledge
made 1t necessary for him to resign his
position. but he may be given another
by the railroad.
The Southern Railway will appeal its
case and get 1t into the Federal courts
as quickly as possible. 1t is not yet
known, whether it will go again to
Judge Pritchard, whose injunction for
its protection from prosecution failed
to save it from trial in the State courts,
or will take the case through the regu-
lar channel, through the State Supreme
Court, and on up to the Supreme Court
of the United States, where it must
eventually go.
The jury returned It's verdict of
guilty against the Southern Railway
and Agent Green shortly before 3
o'clock. In the case against Green
Judge Longs sentence was first $40
and a promise from Green not to again
defy the law by selling tickets at an
excess rate. Green was given a half
hour for consideration and came into
court and agreed to pay the fine and
give the promise, upon which the fine
was reduced to IS, which Green paid.
Had he refused to pay the fine or to
promise not to again violate the law,
he would have been sent either to
prison or the chain gang.
In imposing sentence on the railway
Judge Long declared emphatically that
jurisdiction in criminal cases in this
State lay exclusively with the State
courts. He informed the railroads
counsel that if the railway would obey
the act of the Legislature and put the
rate law into effect until finally 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 $50, 1000, and hat the papers
10 RlA1C0 III hAAS AAAAA0o "a NAA0
for execution.
The railway attorneys declare they
now have a new and firm ground to
ask the protection of the Federal
courts. as they will allege that the
company's agents are being prosecuted
and forced out of their livelihood. and
that at the same time the company is
being harassed and its employees de-
moralized.
There are cases on the docket here
Nagalnst agents of the Southern Rail-
way at Auburn, Garner, Cary and Nor
| risvilIe similar to the Green case. These
go over to the next term.
In fact, there seems to be an epidemic
of indictments all over the State
against the Southern roads agents. 1t
is understood that cases will be brought
in every county in North Carolina in
which the Southern Railway sells
tickets.
Many wild rumors are afloat regard
ing force to be used in the enforce
ment of the various court orders. Gov
ernor Glenn's~ declaration that he would
resist any "high-handed, attempt" by a
Federal Judge to interfere with the OPP
Grafton of the States courts has been
in some quarters accepted as a threat
that he will use the militia to resist
any seizure Of prisoners by Federal
marshals. Likewise reports are current
that Judge Pritchard contemplates an
appeal to President Roosevelt for Fed
erai troops to enforce his orders of
protection to the railroads.