The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-12-19
PASSENGER RATE
!. CASE IS ENDED
FINAL DECREE IN NOTED LITTGA-
TION ENTERED ny JUDGE
PRITCHARD YEsTnRDAr.
RULES COUPONS VOID
LITIGATION HAD BEEN GOING ON
SINCE 1907 WHEN NORTH
CAROLINA PASSED
RATE LAW.
RULES COUPONS VOID

United States Circuit Judge Jeter
c. Pritchard. of Asheville. N. c., yes
terday entered final decree In the
North Carolina rate cases. which were
started in March. 1907. when the
North Carolina Legislature passed an
act fixing the railroad passenger rates
ut two cents y mile.
The decree was largely a matter
OF form as the matters at issue be-
tween the railroads and the State of
North Carolina were virtually dispos-
ed OF In 1907. when representatives Of
tho State made an agreement with
the railroads whereby Il rate Of 2
cents was established as the legal
rate.
This was substantial gain for
the State. as prior to the Legislative
enactment passenger rates were LIZ
cents and 2 ga cents for first and
second class fares respectively.
Judge Pritchard's decree yesterday
struck from the docket the cases
brought by the Southern and Allan
tic Coast Line to prevent the State
Of North Carolina from enforcing its
two cent passenger law. Judge
The matter was then carried to the
United States Supreme Court which
sustained Judge Pritchard.
The case which was disposed OK
yesterday was a dual one, entitled
the Southern Railway VS.. Franklin
Mcneil and others. and the Atlantic
Coast Line vs. Franklin Mcneil and
others, Mr.. Mcneil being chairman
of the Corporation Commission OF
North Carolina
Southern Pays Cost.
Under the terms Of the decree.
which In this respect follows the
agreement made between the rail-
roads and the State, the Southern
railway pays the costs The States
costs amounted to $1,000. The
clerks costs have not been taxed,
but the $l7.500 of States costs is
the bulk OF what the Southern will
have to pay in settlement of the bill
OF costs.
Coupons Void.
Under the terms of Judge Pritch-
ards Injunction and while the mat
ter was in an unsettled state pend
ing action by the Supreme Court. the
railroads were permitted TO charge
the old rates giving purchasers Of
ticket coupons for the dieffrence be-
tween the TWO rates 10 De COHeStioic
yin case the validity Of the act WAS
supseld.
As there waa no decision In the
acase upholding the validity Of the
passenger rate act and as the act
was repealed. the decree holds that
there is no liability for the coupons
and holders thereof and the plain
tiffs In any action against the rail-
roads growing out OF the passenger
rate law. and out OF efforts to en-
force II are enjotned from proceedings
against the railroads.
The Seaboard Air Line acauiesced
In the rate as fixed by the Legisia-
ture and WAS not a party to the lsti-
CATION in the Federal courts
i The appeal OF the railroads to the
Federal courts, following tte refusal
of the railroads to put the passenger
rate law into effect. caused great
feeling In North Carolina in 1907.
the Governor and others prominent In
the official life Of the State holding
that passenger rates within the State
were solely matter for the State
to decide and that for the Federal
courts to intervene was a violation
OF the principle Of States rightA