The Washington herald., 1907-07-20
SPECIAL to The Washington Herald.

Special 70 The Washington Herald
Asheville, y. c., July 19.-The Asheville
police court. backed and directed by the
governor OF North Carolina, who has
declared that he will resist by armed
force any high-handed attempt by Fed
eraI judges to interfere with actual proc
ess Of the State courts and the United
States Circuit Court. which is determined
10 maintain its order made here the last
OF June, that the State authorities should
not enforce the rate law passed by the
last legislature fixing passenger rates at
Il cents q mile, are In direct clash here
over the custody OF the ticket agents,
Wood and Wilson, Of the Southern, who
yesterday We're convicted in the police
court Of charging passengers more than
this rate and. upon refusing to pay
a fine or appeal. on the advice OF counsel
representing the railroad, who are de-
t-rmined that the State courts shall not
be recognized in this matter, We're SEN
fenced TO the chain gang for thirty days
aaaSE etAAns IN state.
At . o'clock this morning writs Of
habeas corpus were served from Judge
Pritchard, commanding the sheriff to pro
duoe the prisoners before him, and a
hearing was taken up this afternoon
As Gov. Glenn could not arrive in time,
he employed special counsel 10 represent
the State and ne is directing the fight
over the Iong-distance phone.
Much better feeling exists. the position
OF the State authorities being that Judge
Pritchard has never declared the new
rate law unconstitutional. but ordered its
operation suspended until evidence taken
should determine whether the new rates
are so low as TO be confscatorv and
therefore unconstitutional, the State as
serting that il IS unprecedented for q
judge Of one court in effect to forbid an
other court from enforcing a State law
which it does not itself say is invalid.
Questions Justices Motive.
Local feeling here is also aroused be-
cause Judge Pritchard this afternoon al
lowed questions which inquired into the
motives Of the police judge in issuing the
that Judge Reynolds said that he would
issue other warrants as soon as Judge
Pritchard left the city although Judge
Pritchard ruled that he allowed sucb
questions, not for the purpose Of showing
the motives OF the State Judge, but 10
give prisoners counsel opportunity 10
show that there was an intent TO cripple
the railroads by so many suits that the
protection afforded by his original order
would be nullifed
The railroads are seeking witnesses 70
prove that Judge Reynolds said that if
Judge Pritchard interfered with the oper-
alton OF his court ne would put him in
Jail, and will represent TO Judge Pritchard
that he should jail Reynolds for this
President Finley, OF the Southern Rail-
way, General Counsel Alex P. Humphrey.
Vice President Ackert, and other promi-
nent railway officials arrived here to-
night in a special They admit they are
here on account Of the court situation.
but will say nothing else. Judge Pritch-
ard has called his court for 10 O'Clock
tomorrow morning. Sensational devel-
opments are expected.
Fines Railroad $4,000.
Raleigh, n. c, July 19.-The Southern
Railway ticket agent, Green, was found
guilty this afternoon on an Indictment
which charged him with exacting from
purchasers Of passenger tickets a rate in
excess OF ? II cents mile, as pre-
seribed in the rate law passed by the last
legislature.
Judge Long imposed a fine Of $4,000 on
the railroad, and fined Green s. on his
promise to obey the law.
In imposing sentence on the railroad
Judge Long asserted that the Jurisdiction
Of the State courts to administer the
original laws Of the State is exclusive.
and that there can be no interference
with the judgment of the court by the
Federal judiciary. He said that if the
railroad would submit to the law and put
the reduced rate into effect the fine
would be remitted.
Green paid his fine and was released
Direction was given by the court that
execution be issued against the railroad
for the amount Of the fine.
Department. Not Worrying,
The Department Of Justice has re-
ceived no official information from North
Carolina in regard to the clash between
the State and Federal courts over the
new railroad rate law enacted in that
State. It was said at the State Depart
ment yesterday afternoon that there was
no occasion for the department 70 inter-
fere, as Judge Pritchard's court is
deemed able TO take care Of itself.
Western Roads Adopt 2-cent Rate.
Chicago. July 19-Western roads put
into effect to-day a rate of cents per
mile throughout the entire territory In
which laws have been passed, fixing that
sum as the maximum legal rate. These
rates have been made effective in con-
nection with interstate travel, as we'll as
within the limits Of the States affected.
They also have been indoTsed TO all con-
Meeting roads as basing rates, and viii be
so used just as soon as arrangements 10
do so can be completed. When that has
been done their application will have be-
come general