The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-03-24
Minnesota and North Carolina
Cases Before U. s. Su-
preme Bench.
Judges Upheld in Granting
Their IDjunctiOns.
THE LIMIT OF STATES RIGHTS

Washington, March 24.-Thc SUI
preme court of the United states
refused TO grant 10 Attorney General
Young, of Minnesota, a writ of habeas
corpus releasing him from the penalty
imposed by the United States circuit
court for the district OF Minnesota on
charge Of contempt OF court In in
stitutlng proceedings In the state
court for enforcement OF the railroad
rate law after the federal court hal
prohibited such a course. and affirmed
the decision of Judge Prtchard in the
United states circuit court for the
western district OF North Carolina,
discharging from Imprisonment James
Il Wood. a ticket agent OF the South
ern railway az Asheville. after he had
been sentenced by the Asheville police
court TO serve a term on the rock pile
on the charge OF collecting for a tick Il
on the road a greater price than was
permitted by the state railroad law.
In both cases the right Of states
10 fla rates for railroad transporta-
ton was the issue and both involved.
a conflict between the federal and
state courts The decision in each
case was opposed TO the states and
their courts The opinion of The court
In both eases was announced by Jus
tlce Pcckham and with tho exception
o. Justice Harlan all other members
Of the court stood behind him IN the
ar nouucement OF the courts finding
Harlan read a dissenting opinion IN
the Young case IN which he took thr
view that the suit was practically a
proceeding against the state. and
therefore not permissible under the
eleventh amendment to the constitu-
ton. lie therefore characterized the
opinion as era making In the history
OF the court and said q had the effect
OF closing the courts Of a state against
the state Itself and its predicted re-
suit would be disastrous.
The proceedings in Young's case
grew out OF the effort by the Mime
s5ta federal court on May 81. last to
restrain Young and other state Off
clals from executing or attempting TO
execute the rate law.
Certain stockholders OF the North
crn Pacific filed suit at the time ask
ing for an injunction to prohibit the
state officials from carrying the law
into effect, on the ground that the
ratp fixed was so low as to make i'm
possible returns 10 the company on It's
Investment
An injunction was granted on the
tWonty-third of September on the
ground that the law was conhscatory
aud rs PRONUNCIATION was Immediately |
followed BY commencement of action
by Attorney General Young in the
Ramsey county state district court in
which that court was asked to direct
the Issuance OF a writ of mandamus, |
commanding the Northern Pacific to
comply with the law.
Youugs petition and This proceed
ing precipltated 4, sharp conflict be
tween the FEDERAL and state courts. |
Young was summoned before the for. |
mer to give an account OF his defiance
of the courts Injunction and falling |
to make a satisfactory explanation,
he was. fined $lOO for contempt Of
court. and at the same time ordered
TO dismiss the case in the state court
Refusing either to pay the fine or
dismiss the case. Young immediately |
brought the case to the supreme court |
of the United States on petition for
a writ of habeas corpus. He based \
his petition upon the grounds that
the united States circuit court vast
without jurisdiction in the original
proceeding because there was no di-
verse citizenship and that the suit |
instituted against him as attorney |
general was in effect a suit against
the state and not against him The
courts decision today was that the
suit was not against the state and that
the court had jurisdiction.