The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-04-01

united states on petition for writ
OF habeas corpus. He based his pati-
ton on the grounds that the United
States circuit court was without juris-
diction in the original proceedings
because there was no diverse citizen
ship and that the suit instituted
against him as attorney general was
In effect suit against the State and
not against him.
"The North Carolina case, that of
Sheriff Hunter of Buncombe county.
versus Agent Wood of the Southern
railroad, attracted much attention
during the greater part Of last sum-
me', and was for a time the cause Of
a very sharp conflict between tn.
courts OF the United States and those
OF North Carolina. Wood was in.
dictcd. found guilty and sentenced to
serve term OF 80 days on the rock
pile at Asheville on the charge of SELL
Ing railroad tickets for more than the
maximum: rate established by the
statute. He appealed to Judge Pritch.
ard. sitting In the United States cir
cui, court for the Western district Of
Noi tn Carolina. ard the letter prompt-
ly issued a writ Of habees corpus or
dering Wood released.
This action Of the court was the
elimination Of seve raj important steps
in>the controversy beginning with the
issrancs Of injunctions by Judge
Pritchard against the State officials
prohibiting the carrying Of the rate
law into effect This proceeding was
followed by on address Of Gov. Glenn.
to The Superior court, Of tho state
questioning Pr'tch:rd's authority and
asking them to see that indictments
were found against tn. agents ,f the
railroad company. In accordance with
this address number IT arrests were
made. >" that W.. DIS case Lecame d
test"case for many Others.
$50 'mportaEt old Iwdge, ,Fritcharl
corsidsr tn action Of tl.e State att
thorities MAT he said In his opinion
IT the criminal prosecutions against
the asca:s, condu. tors and ,. mp' owes
are 70 be permit I'd t, contir ue, the
Snanagers OF the railroads cennot sue
cessfully operate their trains. carry
the mali, or ,ntii.ue :neir usefulness
an common carri,rs .ing an inter.
state business"
Considering the North Carolina case
70 hiyo b"en disposed Of Nv the &C
tion OF the CO, TT in the Minnesota
case. Justice Peckham did not elabo-
rate his views In the former proceed
ing. Hc said: 4
"Being detained in custcd dy by vir.
,ue Of this cOnvicti,n IL. the police
courts Of the State he demanded the
right TO apply for q writ OF 81 habeas
corpus; the right to apply for, a, writ
Of haheas corpus to the United states
Circuit Judge and that Judge had pow.
er to issue the writ and discharge the
prisoner under section 75s of. the re
vised statutes Ct .he United states, as
he was then in custody for an act
done ou.usuart T.; an order, process
or decree of e court or Judge Of the
United States. The writ being prop +.
erly issued, the jldge had the right,
and 1t was his duty. t., examine into
the facts and had Jurisdiction to dis /.
charge the petit oner under the cir.
cumst. .ncss"
Justice Harlan, in dissenting opin.
ion took strong ground in support Of
the theory tho, the prccee dings in the
Young case was suit against the
State ard therefore not permissible ,
under the constitution. lie closed his
statement in :. following. words:
Neith,r thssSwords nor TIE policy
Of the eleventh amendment will TN
der our former decision ju.tify any
order of federal court the Leces s.ary
effect cf which would be to ketp a
State fr'm II, own G,irt. Such an
order attended by such result. cannot
I submit. be sustained consistently
~uh the powers which the states &C.
r"iing . the uniform declarations o:
this coa't, po,sess under the consti-
tuition. am justified hy what this
ourt has heretofore .ie'la-ed that the
wise men who fr:imcd the %f"nstitu.
ti"n ani wh" caused the aip,ti N Il
the eleventh amendment would have
been startled by the suggestion that
a state Of the Union can be prevented
by an order OF a subordinate federal
court from heing represented by its
ATTIC rney general In a salt brought by
the Stat, in one of it's own courts,
and tina: such an order would be in
consist snt with tie dignity of the
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