New-York tribune., 1907-07-30
PRITCHARD HTS BACK.
SAYS STATE INTERFERED.
Roads Iccuse North Carolina
Officials of Preventing Justice.
nv Telegrarh 10 The TrltLre J

GBy Telegraph 70 The TrIhLrel
Asheville y. G. Judy 29.-Attorneys for both
the Southern Railway and the Atlantic Coast
Line carrying out their agreement with Gov
ernor Glenn. fled petitions before Judge Pritch-
ard to-day asking him TO modify his injunction
against the state officials so that that agreement
could be put into effect Judge Pritchard did
So at the same time making a careful state
rnent Of the status of the case saying that the
state officials had interfered with the admins
tration Of Justice the federal court instead Of
the federal court interfering unjustly in state
affairs.
THE applications now made" he said. ito
modify the injunctions heretofore granted on
these causes present a condition of affairs
precedented in the judicial annals of this
try. After full and complete hearing Of the
matters raised by the pleadings in these causes,
injunctions pending the hearing of the ques-
tions involved in the original suits. granted.
The court IN granting such injunctions followed
the course pursued by the Supreme Court of
the United States in the cases of Smyth agt.
Ames, Reagan agt Farmers Loan and Trust
Company, Cotting agt. Kansas Stock Yards
Company. and Prout agt. Starr. and by the Cir
cult Courts Of the United States in numerous
other cases.
THE effect Of the order restraining the Cor
poration Commission of North Carolina ct al.
was TO preserve the rights Of the parties until
the master 10 whom this cause had been referred
could have opportunity to report the facts
and thereby enable the court to correctly deter
mine whether the act in question IS confscatory,
and in order to protect the travelling public the
complainants were required to give amplr bond
and security TO secure the payment into tie reg
tstry Of the court sum sufficient to pay the diff
ference between the present rate and the pro-
posed rate 70 those who might in the meantime
purchase tickets. The defendants could have
appealed in those cases. but they failed to do
SO and instead filed an answer and the causes
were then and there referred 10 a master in order
that the evidence might be taken
IT is unjust TO say that the question Of state
rights Is involved in this controversy It is
equally unjust insist that what the court has
done in the premises was an interference on the
part of the federal court with the state courts
However, on the other hand, there has been a
manifest disposition on the part of the state
officials 10 interfere with federal court in its
procedure to do equal justice between the COM
plainants and the defendants and in the exer-
else Of those powers necessarily incident to the
protection of its jurisdiction.
If this kind Of obstruction should prevail.
and the citizens are thus TO be denied the rights
guaranteed them by the Constitution Of the
United States. then those provisions of the Con-
stitution would become a dead letter. as there
would be means of enforcing them. When
the motion for an interlocutory injunction was
made in these causes there was full argument
before me by counsel representing the COM
plainant and by counsel representing the de-
PENDANTS.
'-As the defendants failed to appeal from the
order OF this court awarding the interlocutory
injunctions. nothing remained except for this
court 10 pursue the orderly consideration of the
cases, and meanwhile TO srotect its jurisdiction
and its processes when action its part was
lawfully invoked The court still considers that
il would be its duty continue this protection
whenever its action in the premises should be
thus lawfully invoked, but the Complainants
for the protection of whose rights the inter
locutory decree was entered now move the court
permission 10 surrender the protection of said
he in 1pfr
petitions. there is nothing for the court TO do
except to grant the permission prayed.
The petitions filed by the railroads contained
parting shot at the state authorities. Both roads
filed petitions similar in tenor.
The petition of the Southern recites the history
Of the railroad cases and includes protest
against what the roads regard as their i'll treat
ment this protest and recital Of facts being de-
signed for the perusal of the Supreme Court as
we'll for the public. The railroads declare in
effect, that they dubbed into becoming
party to the agreement effected at Raleigh. The
public mind had been inlamed by the news
papers and the utterances of politicians and the
agreement only assented to. it is asserted
under duress. because Of threats Of an extra ses-
sion OF the Legislature. when the expectation
held out that things would happen
TO the roads The Southern Railway Company
says the petition, confronted with ques-
ton 10 whether proper sense of its duty 10 the
peace and good order Of the state, proper con-
sideraIiCn of its obligations to perform its duties
business and its obligations not TO subject its
employees to harassing prosecutions, arrests and
Imprisonment would Justify II in longer claiming
its constitutional right 10 the protection Of the
interlocutory order authorizing Il to continue
until the hearing its existing rate of passenger
charges or whether II was not best TO cease the
unequal conflict with the united powers of the
state.
The Southern does not lose sight. continues
the petition. of the momentous nature of the
claim asserted by the state. II this state claim
be sustained, il is pointed out, it means
that, through the agency of its criminal laws
q state take the Of property without
compensation for the time between the enact
nent OF statute by its General Assembly and
the final determination Of its constitutionality
II this claim Of the state be upheld "A state
could fix the rate at cent, and If the COM
pany compelled to observe this low rate
notwithstanding that the Fourteenth Amend
naent forbids it, the state has the power to take
during the period mentioned the property Of p
company without compensation. With refer
to the coercion and intimidation" en-
ployed 10 drive the railroad from the courts to
the extent mentioned. special mention is made
Of the activity Of Governor Glenn against the