The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-27

the same time ordered to dismiss the
case in the State court.
Refusing either to pay the fine or
dismiss the ease, Mr.. Young brought
the case to The supreme court of the
United States OF a petition for a writ
OF habeas corpus. He based his Pc
tition on the ground that United
States circuit court was without jur-
isdiction in the original proceeding,
because there was no diverse citizen
ship, and hat the suit instituted
against him as attorney general vas
in effect Il suit against the State and
not against him.
The North Carolina Case.
The North Carolina case, that Of
Sheriff Hunter, Of Buncomb county,
VS.. Agent Wood, of the Southern
Railway, attracted much attention
during the greater part of last sum
mer and was for Il time The cause Of
a very sharp conflict between the
courts IF tn, United States and those
or North Carolina. Wood was inTict-
ed. found guilty and sentenced 10
serve i term Of thirty days on Tn.
rock pile at AShcvillc, on the charge
Of scllin" railroad tickets for more
than the maximum rate established
by the statute. He appealed to Judge
Pritrharl. Siliin" in the United States
circuit court for the western district
Gr North Car"liua, and the latter
promptly issued il writ Of habcaS cor
pnS. "rlcrin" Wood's release by Sher-
if Hunter.
This action Of the court was the
elimination of several important
steps in the controversy beginning
with the issuance of injunctions by
Judge Pritchard against the State
officials prohibiting The carrying Of
the rate law int" effect. This pro-
crcdn" was fo!!nwcd BIS, an address by
Governor Glenn to the superior court
III the State. questioning Pr;tciari's |
authority and asking them to So, that
indictments Were found against The
Of The railroad company. In
accordance with this au,lrv>> Il mum
Der of arrests were made So that
Wund : ease became Il test for many
.uilrr>. !
80 important did Judge Prilcllard
consider the action Of the State auth
that he said in his opinion. elf
the criminal prosecutions against the
conductors and employees are
to continue the managers Of
railroads cannot successfully operate
heir trains, carry the mails or con-
niue their usefulness as common ear
doing an Interstate business."
Considering the North Carolina
to have been disposed Of by the
action Of the court in the Minnesota
ease. Justice Pcckham did not elab-
his views in The former proceed
lngS. He said: "Bcing detained in
custody by virtue Of this conviction
by "nc Of the police courts of the
he had the right to apply for q
writ OF hahraS corpus to the United
circuit judge and the justice
had power to issue the writ and dis
charge the prisoner under the Section
I33 of the Revised Statutes Of the
United States, as he was held in Gus
toby for an act done pursuant to an
order. process or decree Of a court Or
judge Of the United States.
The writ being properly issued, the
judge had the right. and it was his
duly. 10 examine into the facts. and
he had jurisdiction to discharge the
petitioner under the circumstances
stated.
Juctice Harlan Disscnts.
Justice Harlan. in 4 dissenting
opinion. took strong ground in spite
Of the theory that the proceedings in
the Young ease was a suit against the
and, therefore, lot permissible
under the constitution.