The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-03-26

THURSDAY, MARCH 26 1908
DECISIONS OF THE SUPREME
COURT AFFECTING STATES
RIGHTS AS INTERPRETED BY
RAILROAD RATE LEGISLA-
TON.
On Monday the Supreme
Court of the United States hand
ed down important decisions in
volving the right of a State to Tx
rates for railroad transportation
and also involving conflicts be-
tween Federal and State courts.
The decision in each case was Op-
posed both to the States and to
their courts. Both we're on cases
that have attracted wide atten-
ton, and they grew out of the at
tempt of the States of Minnesota
and North Carolina to en-
force railroad rate legislation
In the Mennesota case GER
tain stockholders of the
Northern Pacific Railway Co.
filed a suit last May asking for al
injunction to prohibit the State
officials from carrying the rate
law into effect The injunction
was granted on the ground that
the law was cOnfiscatory, and its
PRONUNCIATION was Immediately
followed by the commencement
of an action by Attorney Genera
Young, of Minnesota, in a Stat,
court in which the court wa
asked to direct the issuance of /;
writ of mandamus commanding
the Northern Pacific Co. to com
ply with the State laws. Tht
State court Immediately issue,
the writ. Mr.. Young Was sum
moned before the Federal couU
and was subjected to a fine {
500 for contempt of court an
wss ordered to dismiss the cas-
in the State court. Mr.. Youn
refused either to pay the fine {
dismiss the case and toe
the case to the Sqpren
Court of the United States on
petition for a writ of habeas co
pus. In the North Carolina ca
it will be recalled that last Sur
mer Judge Jeter 9. Pritchard,
the United States Circuit Cou
for the western district of t
State, issued injunctions again
the State officials prohibitiE
them from putting the railro
rate law in effect. While holdi
Wake Superior Court last il
Judge b. F. Long instructed
grand jury that it should ind
the railroads if it was found tt
the rate law was being violate
This was done and the Southe
Railway was fined $50, 900. Lat
at Asheville, Agent Wood, of I
Southern Railway. was indict
and found guilty and sentenc
to serve term of 80 days on
roads for selling railroad tick,
for more than the maximum r
established by the statute. W.
appealed to Judge Pritchard, v
Immediately issued q writ of
beas corpus ordering Woods
lease bySheriff Hunter. The C
was appealed and the decis
of the Supreme Court susta
Judge Pritchard.
The two cases were so sim
that both practically we're dee
ed in one opinion. Tae opin
OF the court in both cases
announced by Mr.. Justice Pt
ham, and with the excsptio
Justice Harlan all the OF
mem bers of the court stood
hind him. The principle
nouncementwa made in the \
nesota case. Justice Peckha
opinion as outlined is as follC
The court has decided: r
by reason of the enormous
alties provided in the rate |,
by way of fines against the {
panies, and Imprisonment oft
agents and employees, the cor
niesz were in effect preve
from ever questioning the v;
ity of those laws, as the ris
confscation of property and
prisonment of agents in cas-,
companies failed in their def
was too much to undertake
order to obtain judicial dec
OF the question of such yalidi
Such laws are therefore
unconstitutional as they pre-
ed the companies from resol
TO the courts, and therefore
prlved them of the equal pr
tiOD of tho laps