The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-24
BLOW TO STATES.
Continued from Page One,

CONTINUED from Page One.)
each offense. Disobedienee to the pas
senger rate act renders the party
guilty of a felony and subject to a fine
not exceeding $4,000 or Imprisonment
in the state. prison for a period not
exceeding five years, or both fine and
imprisonment. The sale of each tick
ct above the price permitted by the
act would be a violation, therefore. 1t
would be difficult, if not impossible,
for the company to obtain officers,
agents or employees willing to carry
on its affairs except in obedience to
the act and orders in question. The
company itself would also in case of
disobedienee be liable to the i'm
mense fines provided for in violating
orders of the company. The COM
pany, in order to test the validity of
the acts, must find some agent or
employee to disobey them, at the risk
stated. The necessary effect and re-
suit of such legislation must be to
preclude a resort to the courts-either
state or federa1-for the purpose of
employees could not be expected to
disobey any of the provisions of the
acts or orders at the risk of such
fines and penalties being imposed
upon them, in case the court should
decide the law was valid. The result
the company.
"a law which Indirectly accom-
plishes like result by imposing such
condition on the right to appeal for
judicial relief as works an ABANDON
ment of the right rather than face
the conditions upon which it is offered
or may be obtained, is also unconstitu-
tionaI. 1t may therefore be said that
when the penalties for disobedience
are by fines so enormous and inn
prisonment so severe as to intimidate
the company and it's officers from re-
sorting to the courts to test the
validity of the constitution the result
is the same as If the law in terms
prohibited the company from seek
ing judicial construction of law which
deeply affects it's rights"
The Minnesota Case.
The proceedings in Young's case
grew out of an effort by the Minnesota
federal court on May 81 last, to re-
strain Mr.. Young and other state Off
Gals from executing or attempting TO
execute the rate law. Certain stock
holders of the Northern Pacific Rail-
way company filed a suit at the time
asking for an injunction to prohibit
the state officials from carrying the
law into effect on the ground that the
rate fixed was so low as to make I'M
possible returns to the company on
it's investment.
The injunction was granted on sep
TENDER %, on the ground that the law
was conf1scatory and it's PRONUNCIATION
was Immediately followed by the COM
mencement of an 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 rate law. The state court 1mme-
diately issued the writ in compliance
with Mr. Young's petition, and this
proceedings precipitated a sharp con-
f1ict between the federal and the state
courts.
Mr. Young was summoned before
the former to give an account Of his
defiance of the courts injunction, and,
failing to make a satisfactory explana-
ton, he was subjected to a fine Of 500
for contempt of court, and at the same
time ordered to dismiss the case in the
state court. '"N'' ''
Refusing to pay the fine or to dis
miss the case, Mr.. Young brought the
case to the supreme court of the
| United States on a petition for writ
| of habeas corpus He based his petit
| ton upon the grounds that the United
| States circuit court was without juris-
| diction in the original proceeding be-
cause there was no diverse citizenship
and that suit instituted against him as
| attorney general was in effect a suit
against the state and not against him
The North Carolina Case.
| The North Carolina case, that OF
| Sheriff Hunter of Buncombe county
versus Agent Wood of the Southern
| railway, attracted much attention dur
| ing the greater part of last summer
| and was for a time the cause of a
sharp conflict between the courts OF
| the United States and those of North
| Carolina. Wood was indicted, found
guilty and sentenced to serve a term
! of so days on the rock pile at Ashe-