Rensselaer Semi-Weekly Republican, Volume 39, Number 95, Rensselaer, Jasper County, 2 August 1907 — CLASH OF AUTHORITY [ARTICLE]

CLASH OF AUTHORITY

FEDERAL COURT AND STATE GOVERNMENT IN CONFLICT. North Carolina Jodge Knocli« Out la Part State’* New Rate L*w— Governor Glenn Piqued Over Decision and Order* Appeal. ; ' . I .. The penalty clause of the ngw North Carolina rate bill has been declared unconstitutional and void by United States Judge Pritchard in Asheville. James H. Wood, district passenger agent of the Southern, and C. Wilson, the ticket agent of the same road, who were recently sentenced to thirty days on the chain gang for violation of the law, were discharged on habeas corpus proceedings. -r: ' — r - When defendant agents of the company were fined a few days ago by PoI lice Justice Reynolds and sentenced to ! Jail a writ of habeas corpus was Issued | by Judge Pritchard, but the agents j were again arrested by the State au- ' thorities and sentenced by Justice Reynolds to thirty days on the chain gang, j Contempt proceedings were then i. brought for resistance of the Federal Court

Pine* Would Be Million*. In his decision Judge Pritchard said that the penalties inflicted by the statute would close the doors to a Judicial hearing and would amount to $2,500,000 a day if the penalty was enforced on the sale of each ticket, which Is eight times more than the amount involved In the original suit Also that it would do violence to the comity which exists between the State and Federal courts. Continuing, Judge Pritchard said : “The equal protection of the law Is guaranteed to every citizen of the United States and I shall employ all means within the power of the court to secure to all persons, who may invoke Jurisdiction of this court, such rights to the fullest extent of the law, "This court is confronted with open and avowed opposition by the powers of the State. The penalties prescribed by the State statute for charging more than the statutory rates are so enormous that If permitted tob(T enforced they would practically bankrupt the railroads in an exceedingly brief time. Would Paralyse Roads. “If the criminal prosecutions against the agents, conductors and employes are permitted to continue, the managers of the railroads cannot successfully operate their trains, carrying the mails or continue their usefulness in interstate commerce. “Thfe State constitution as well as the statutory law afford ample protection to every person deprived of Jfris liberty without due process of law." It Is remarkable that anyone representing the State should oppose the granting of the writ of habeas Corpus.” After Judge Pritchard had signed the judgment Judge J. EL Merrimon, special counsel for the State, gave notice of appeal and waived bonds, but under the law the court fixed a bond of S2OO each for Wood and Wilson. Governor Glenn wired the State’s Attorney to appeal at once to the Supreme Court of the United States from the decision of Judge Pritchard. lie states that even If Section 4, the criminal penalty section, is stricken out the law is not affected, and the Southern Railway can be indicted under the common law. Advices received are to the effect that the Virginia authorities, in which State a 2%-cent fare law has been passed, will adopt precisely the same course as those in North Carolina. Judge Pritchard presides In the circuit which embraces Virginia.

States’ Rights Question Raised. The Federal authorities In Washington are Intensely interested In the situation. It is believed that Judge Pritchard's decision will precipitate a crisis that may be serious in 4ts eonsequences. Federal officials are of the opinion that it will again bring to the front as a political Issue the old question of State rights, and while no one here apprehends any such discussion of the subject as preceded the civil war period, the difficulty In North Carolina is not underestimated. Peter G. Pritchard has been prominent in the Republican politics of North Carolina for many years. He was United States Senator from the State for six years, and on the expiration of his term was appointed a Federal district judge by President Roosevelt. Later he was promoted to the Circuit Court. While he has held aloof from politics since he has been on the bench, Judge Pritchard has kept in touch with political affairs, State and national. He is a personal friend of President Roosevelt.