The Cairo bulletin., 1908-03-24
FOR RAILROADS DENIED BY u. 8.
SUPREME COURT m TWO
CASES.
ERA-MAkINC DECISION
Which in the Opinion Of Judge Harlan
Closes State Courts Against
the States Them
selves.

/ nreme court OF the United States
lday refused to grant to Attorn.
General Young, of Minnesota,
of habeas corpus releasing him I
the penalty imposed 10y the Tn
States circuit court for the Dis
iof Minnesota on charge of
tempt of court In instituting proc
ing in the state court for enforcen.
of the railroad rate law after
federal court had prohibited sue
course, and affirmed the decision
Judge Pritchard in the United
circuit court for the western di
of North Carolina, discharging
Imprisonment James II. Wood a e
agent of the Southern railwa
Asheville, after he had been sent
by the Asheyille police court to
a term on the rock pile on a h.
of collecting for ticket on the
n greater price than was perpls
by the state railroad law. ts
In both cases the right Of
to fix rates for railroad transport.
was the issue. and both involve
conflict between the federal and = i
courts. The decision In each IN
was opposed to the states and tf--
courts. The opinion of the eour
both cases was announced by Jus :
peekhan and with the exception
Justice Harlan all other members
the court stood behind him In Il
announcement of the courts finsin
Harlan read dissenting opinion
the Young case In which he took ii
view that the suit was practically
proceeding against the state, ar
therefore not permissible under ii
eleventh amendment to the constIt
tion. He therefore characterized n
opinion ase era making In the hist-i
of the court and said IL had the effe,
Of closing the courts of state againl
the state itself and its predicted r.
suit would be disastrous.
The proceeding In Young's cas-
grew out OF the effort by the Mimi
sofa federal court on May 81. last |
restrain Young and other state eff
cials from executing or attempting [
execute the rate law.
Certain stockholders OF the Nortl
ern Pacific filed suit at the time asl
fng for an injunction to prohibit tn
state officials from carrying the la
into effect. on the ground that tn
rate fixed was so low as to make I'm
possible returns to the company on II
Investment
An injunction was granted on tn
twenty-third of September on tn
ground that the law was confiscator
and its promulgation was immediatei
followed by commencement OF actiol
by Attorney General Young In tn
Ramsey county state district court il
which that court was asked TO diree
the issuance of writ of mandamus
commanding the Northern Pacific t.
comply with the law.
Young's petition and this proceed
ing precipitated a sharp eonhice he
tween the federal and state courts
Young was summoned before the for
mer to give an account OF his defianc'
,f the courts injunction and fallinG
o make satisfactory explanation n
le was fined si09 for contempt ol
'ourt, and at the same time oniered
o dismiss the case in the state court
Refusing either 10 pay the fine OF
lismiss the case. Young Immediately
brought the case to the supreme cour,
If the United States on a petition for
| writ of habeas corpus He based
,is petition upon the grounds that
he United States circuit court was
without jurisdiction in the original
because there was no di-
'erse citizenship and that the su
instituted against him as attorney
General was in effect a suit against
he state and not against him. The
,ourt's decision today was that the
uit was not against the state and that
h.,