Newspapers / Hickory Democrat (Hickory, N.C.) / July 25, 1907, edition 1 / Page 4
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SCHNAPPS and other of the Reynolds' brands, as shown by Internal Revenue statistics fourth million pounds, or a net gain of one-third of the entire increased consumption of chewing and R. J. REYNOLDS TOBACCO Ticket Agents Wood and Wilson Discharged—Text in Full of Judge's Decision Asheville, N. C., July 22.—Judge Pritchard, in the federal court here, this morning discharged Ticket Agents Wood and Wilson, and declar ed the penalty provision of the rate law unconstitutional. In his decision Judge Pritchard said the penalties inflicted by the statute would close the doors to judicial hearing and would amount to $2,500,- 000 a day if penalty was enforced on 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 state anj fed eral courts. While not imputing any improper motives to the officials" er state courts. Judge Pritchard remarked that if such a course of conduct was per mitted to be pursued it would have the effect of defeating the jurisdiction of the Unfted States courts. Judge Fritchanl's decision in the habeas corpus and railroad rate law is as follows: "The United States of American, Western District of North Carolina, in the circuit court. "In re Jas. H. Wood petitioners. "This is an application of the peti tioner, Jas. 11. Yood, to be discharged on a writ of habeas corpus from the custody of the sherili of Buncombe county. "The petitioner was indicted on a charge of having violated the provi sions of section four of an act passed at the session of legislature of North Carolina, of 1907, prescribing the maximum charges railroad companies may make for transporting passengers in North Carolina, tried and convicted and sentenced to a term of 30 days imprisnmenU to be worked upon the public roads of Buncombe county. "Some time since suits were insti tuted in the circuit court of the United States for the eastern district of North Carolina by several railroad com panies against the corporation commis sioners of North Carolina, the attorney general and the assistant attorney gen eral of that state, for tue purpose of obtaining the protection of the l'lth amendment to the constitution of the Unied States against an act of the legislature of North Carolina, establish ing the maximum rates which such companies claimed to be confiscatory, and on a prima facie case a motion was made before me for interlocutary injunctions. "Accordingly, on the 29th of June, I issued the injunctions pcndentelite en joining the defendants and all other persons from putting the rates into effect during the inquiry before me as to the constitutionality of the same, and from instituting prosecutions or atempting to impose penalties upon the companies, or their employes for a failure to put into effect the statutory rates which are being contested. The" court amply preserved the rights of all the traveling public by requiring a coupon to be given to each purchaser evidencing the amount to be refunded to him in the event the rates should be upheld, and to secure the same, CASTOR IA For Infants and Children. Die Kind You Have Always Bought Signature of ample bond and security was given. 1 "This was in accordance with the policy of ttie statutes of North Carolina , where a rate made by a commission is .attacked. I thereupon referred the J matter to a master to ascertain and ■report his conclusions to me, and' to , avoid delay, required him in the order .to make his report by tha 25th oil • September, and fixed the hearing forj • the first Monday in October, so as toj jgive the parties opportunity to have | the questions involved finally determin-i ed by the supreme court at the ear-j jliest possible moment. Similar Suits Cited. j ' There was nothing unusual in the ;proceedings which were instituted be ! fore me by the several railroad compa ! nics in the state. S "Similar suits have been instituted in the state of Alabama, where Judge Jones issued an injunction and also in the state of Georgia, where Judge Nor- man pursued the same course. Governor vs. Federal Judge, i "Notwithstanding the federal court j had thus taken the jurisdiction cf the whole matter, and was proceeding in an orderly way with its consideration. | the evidence shows that the governor of North Carolina has isued an address to the judges of the superior courts of the state questioning the authority of the court to make the arder referred I jto and making them to see that indict ; ments against the agents and employes ,of the railroads and its officials be 'sent before the grand jury in order that the state may undertake the pros ecutions which are enjoined in my or der, and stating that as chief executive of the state, he stands ready to enforce jthem in enforcing the law. In accord j auce with this policy, a number of indictments have been found and pros ecution begun in defiance of the order of injunction issued by the Unite! States circuit court. If these prosecu tions are permitted and continued, the result will be to nullify the injunction which was granted by the circuit court ami practically defeat its jurisdiction. "Not only are the rights of litigants involved, but the dignity and authori ty of the circuit court of the United States as well. "These prosecutions and arrests tak ing place in widely separated portions of the state present serious difficulties in the matter, and this court is con fronted with open and avowed opposi tion of the powers of the state. Ob stacles are being thrown in the way of inquiry by this court on writs of habeas corpus into the legalty of ar • rests, and this sems to be the deliber , ate policy of those representing the ! state. I do not wish to be understood as imputing improper motives to the governor or other state officials as re spects their actioji in this matter. The penalties prescribed by the state sta tute for charging more than the statu • tory rates are so enormous that if per mitted to be enforced they would prac CURED OF LUNG TROUBLE. . "It is now eleven y-sars since I had a narrow escape from consumption writo C. O. Fioyed, a lesading business man of Kershaw, S. C. "I had run down in weight to 135 pounds, and coughing was constant, both day and by night. Finally I began taking Dr. King's New Discovery, and continued this for about six months, when my cough and lung trouble were entirely gone and I was restored to my normal weight, 170 pounds." Thousands of persons are healed every year. Guaranteed at S. M. Shu ford and W. S. Martin drug store, 50s and SI.OO. Trial bottle free! tically bankrupt the railroad in an ex ceedingly brief lime anil before a final hearing could be had in the case, and thus place the complainant in a po sition where it would be powerless to assert the right which is guaran teed to to it by the conditions of the United States. "If the criminal prosecution against the agents,conductors and employes arc permitted to continue the managers of the railroads cannot successfully op erate their trains, carry the mails, or continue their usefulness in interstate commerce. The constitution of North Carolina* contains ample provision for the pro tection and preservation of the liber ty of the citizen. ' Article 1, Section IS, contains the folov/iug: " Every person restrained of his lib erty is entitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought net to be denied or delayed.' Scction 21 of the same article also provides: " 'The privileges of the writ of habeas corpus shall not be suspended.' "Section 1821' of the Kcvisal of North Carolina is as follows: " 'Every person imprisoned or re strained of his liberty within this state for any criminal or supposed criminal matter or on any pretense whatsoever, except in cases specified in the suc ceeding section may prosecute a writ of habeas sorpus according to the provisions of this chapter, to inquire into the cause of such imprisonment or restraint, *and if illegal to be deliv ered therefrom.' "Section 1820, of the same chapter, is the only law of which I have any knowledge which imposes upon a judge a penalty for a failure to perform a judicial act. The section in question reads as follows: " 'lf any judge authorized by this chapter to grant writs of habeas corpus shall refuse to grant such a writ when legally applied for, every such judge shall forfeit to the party aggrieved two thousand and five hundred dol lars.' "Thus it will he seen that the state constitution of North Carolina as well as the statutory law afford ample pro tection to every person who is deprived of his liberty without due process of law, and such being the case, it is re markable that any one representing the state should be opposed to the granting of the writ of habeas cor pus. "Likewise the constitution of the United States and the revised statutes afford every citizen of the Union, when OASTOIIIA. Boars the The Kind You Haw Aiway.i Bough} OASTORIAi Boars the The Kind You Havo Always Bought OASTOniA. Boars the«- /) The Kind You Have Always Bought Bedford Springs, Pa., July 22.—The tourists in the Glidden contest started today for Baltimore, the next stop. CHILDREN CRY FLETCHER'S CASTORIA imprisoned contrary to law, protection | to the fullest extent by the writ of i nabcas corpus. i "Article 1, Section 9, C. 1, 2, of the j constitution of the United States, is , as follows: i " 'The privileges of the writ of ba ! beas corpus shall not be suspended i;nless when in cases of rebellion or in\asion the public safety may require it." ' Section 751, of the revised statutes of the United States contains the fol lowing provision: " 'The supreme court and the cir cuit and district courts hall have nower to issue writs of habeas corpus.' " 'The several justices and judges of the said courts within their respec tive jurisdictions, shall have the pow er to grant writs of habeas corpus for the purpose of an inquiry into the cause of the restraint of liberty.' (Revised statutes, Section 752.) "'The court, or justice, or judge to whom such aplication is made shall forthwith award a writ of habeas cor pus, unless it appears from the petition itself that the party is not entitled thereto. The writ shal be directed to the person in whose custody the party is detained.' (Revised Statutes, sec tion 755.) "Notwithstanding the plain provis ions and enactments contained in the constitution and revised statutes of the United States, as well as the state constitution and the statutes of the state, it is seriously contended that the agents of the complainant in this instance, when indicted for the viola tion of the statute, (the enforcement of which has been restrained by this court) are net entitled to this rem edy, which is afforded to every other citizen of the state* Other Examples Cited. "If this policy is 'to prevail in North Carolina persons who invest their money in enterprises like that of the complainant will be deprived of the means of protecting their property rights and denied the bene fits of the writ of habeas corpus, which is intended for the preserva tion of the liberty of every citizen. It will be a sad for the people o. North Carolina wnen its citizens are prohibited by the acts of the legis lature from asserting any right guar anteed to them by the constitution of the United States. Suits of this character have been brought in different states of the union and in every instance the federal courts have proceeded to determine ' the questions involved without interference, hidrance or de lay by legislative or judicial authori - ties of such states. "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 the jurisdiction of this court such rights to the fullest extent of tho law. - •• "If tho law is construed in a spirit ; of fairness and impartiality there can be no conflict of jurisdiction between the state courts of th 6 United States. Much has been said in regard to the power of a court of equity to enjoin the prosecution of a criminal case. In the 1 case of Robbins vs. Los Angeles, 190 ■ U. S. 241, Mr. Justice Day, who deliv ' ered the opinion of the court, in dis ! cussing this phase of the question, said: 0 " 'lt is well settled that where pro • perty rights will be destroyed, unlaw ful intereference by criminal pro ceedings, under a void law. or ordi -1 nance may be reached and controlled by a decree of a court of Equity.' Davis . and Forpian Mfg. Co., vs. Los AngeleS, . 189 U. S. 207-18, and cases there eit i ed. "In this instance the federal court ■ has not been the aggressor, but has i simply adopted the regular practice i i and proceedure which has been ap proved by tho supreme court of the ■ United States in cases of a like nature, ■ and while the court is not inclined to i do anything that will produce an un seemly conflict, nevertheless, it is en . cumbent upon it to protect the rights i (of the parties of this controversy and 1 the dignity and authority of this court, and this cannot be accomplished with out preserving to the fullest extent the jurisdiction of the court in deter mining the question which has been submitted to it for consideration. If in pursuing the usual and well de . fined practice and procedure in such cases, with the sole view of main taining the jurisdiction of this court • at any stage of the proceeding, con , flict must come, and I trust that it may not, I shall not evade the rosponsibil- L ity which *s imposed upon me as the presiding officer af this court, much has , been said about the sovereignty of ! state. That question does not arise [ in this controversy. This court having , assumed purisdiction of the subject [ matter involved in the original suit, . wherein the railroad companies are complainants, and the railroad com „ missioners and others are defendants, [ the real question is as to whether this court shall be denied full and com [ plete jurisdiction of the subject ruat > ter as isue in that suit. . "If the contention of counsel repre , sentoing the state be true, then this court can be deprived of its jurisdic [ tion by the multiplication of criminal precautions in the state courts against , Lie complainant, its agents and em , ployes to such an extent as to finally | place it in a position where it will be deprived of a larger amount than that which is involved in the original controversy, and, thus by indirec tion the complainant will be denied a right which is guaranteed to it by the constitution of the United States This proposition is inconsistent with the well established rules of judicial procedure and does not commend itself to this or any court sitting as a court of equity. It excludes the idea of com ity betwen courts of concurrent juris- THE RIGHT NAME. Mr. August Sherpe, the popular over seer of the poor, at Fort Madison, la., | says: "Dr. King's New Life Pills, are rightly named; they act more agreeably, do more good and make one feel beter than any other laxative." Guaranteed to cure biliousness andcon stipation. 25c at S. M. Shuford and S. L W. Martin drun store. diction. _ . ... . j "Suppose complainant hau institutert its suit in the state court instead of applying to this court, and that court had granted an injunction in pursuance of the laws of the state, could it be serioitf\ty 'contended tnat Mate court alter having taken jurisdiction of the questions involved in the civil action, thus instituted, would permit the complainant to he subjected to criminal prosecutions and suits for tlie recovery of tlic enormous penalties enumerated in the statute of the state, during the pendency of the action, and before there could be an ascertainment as to the rights of the parties to the original suit? The state court, under such circumstances, would undoubtedly preserve the rights of the parties un til the final hearing, and any other course would be without precedent in the judicial history of the state. '•Notwithstanding this, we are con fronted with an attempt on the part of those-representing the state to do that, which, if successful, would render this court powerless to grant the same relief that would be granted as a mat ter of course in another court of con current jurisdiction. "The law provides that in all casei where the federal courts have concur rent jurisdiction with the state court.", that such courts shall have power and authority to adjudicate any question that may come before such tribunal and to protect the rights of litigants j to the same extent as to that of the state cours. "The suits, out of which this con troversy arose, were instituted in the same manner as other suits are insti tuted. and involving as they do, the validity of the statute of North Car olina, it necessarily follows that all matters connected with the enforce ment of such statute, during the penal ty of the suit, arc under the con trol and jurisdiction of the court wherein th questions involved are be ing litigated. "The court in the original suit hav ing assumed jurisdiction of the ques tions at issue in that controversy, and having entered a decree wherein, among other things, the complainant and its agents, were directed to employ certain means and do certain things in respect to the sale of tickets dur ing the pendency of that suit, the court thereby assumed control of and dominion over the management of the busines of the complainant in so far as interstate transportation is concerned in the same manner as if the court had appointed a receiver of the property of complainant. "As a general rule, the circuit courts of the United States will not isue the writ of habeas corpus in cases where persons are indicted and imprisoned in pursuance of a statute of a state, and it njust be remembered that this is not an attempt on the part of the state to enforce a law which has for its object the preservation of the peace, pro tection of the morals, or the general welfare of the public and it cannot be insisted that these prosecutions are necessary to promote tne welfare of the public in view of the fact that this court has amply protected the rights of those who may purchase tickets by requiring iae complainant to give a bond amply sufficient to secure the pay ment of any damages that may be sus tained. On the other hand, is a penal statute enacted with the sole view of enforcing obedience to the first sec tion of the act, which undertakes to fix maximum passenger rates. There fore, inaspiuch as the validity of the act which prescribes passenger rates in being contested and the court has by injunction restrained the enforce ment of the same, there is every reason why the court should exercise its dis cretion in granting the writ of habeas corpus, when it is apparent that prose cutions of the complainant and its ag ents are being instituted solely for the purpose of deterring tne complain ant from prosecuting its original suit. Flagman From Gastonia Killed by Train Greenville, S. C., July 22. —Carl Finch, a flagman on tlie Southern Railway, was killed this morning at Croswcll, about five miles from Greenville. He had gone ahead to flag a freight train and had fallen asleep on the track, it is said. The train passed over his body, killing him instantly. Finch's home was at Gastonia. The body was brought here this afternoon and prepared for burial. Vanderbilt Not Heard From. Norfolk, Va. , July 22. —Harold S. Vanderbilt, brother of William K. Vanderbilt, Jr., who left New Lon don, Conn., July 10th, on his yacht Trivia, enroute from Newport to the Jamestown Exposition has not yet arrived or been heard from. Vander bilt started on the Trivia taking the tl.. we etaoin shrdlu mfwyprdluhm route via Raritan Canal, Delaware river, Delaware and Chesapeake Ca nal and Chesapeake Bay for James town. Richardson Opens For Defense in Haywood Trial Boise, July 22. —E. F. Richard-i son began the opening address for the defense in Haywood trial. Ow ing to the heat only forenoon an>. night sessions will be held. Elks at Jamestown. Norfolk, Va., July 22. —Several thous and Elks spent today at Jamestown. Tonight they will be entertained at the theatre. Damage From Electric Storm. Racine, Wis., July 22. —One man was killed and several injured, barns de stroyed. horses and cattle killed as a result of an electrical storm yesterday in Racine county. Columbus just landed; meeting a big Indian chief with a package under his arm, he asked what it was. "Great medicine, Hollister's Rocky Mountain Tea." said the Injjun. 35 cents, Tea or Tablets. E. B. Munzizes. Zeke Lewis On the Stand Defendant on Trial At tempts to Prove an A libi. State Rested its Case This Morning. Character Witnesses. Monroe, N. C., July 22.—Court open ed this morning at 9 o'clock by the state putting up character witnesses for Bogan and Kendall. The testi mony was about the same as in the Jones trial. The witnesses admitted that the character of Kendall and Bogan had been questioned.. The state then rested at 10:30. The defenee put lip character wit nesses, who had heard the state wit nesses say, they had recognized no one the night of the lynching. They testified the character of Bogan an~ Kendall wss bad. This evening the defense put up Zeke Lewis to try to prove an alibi. To Establish Lutheran Churches in Several Cities Salisbury*' N. C., July 22.—At a meeting of the executive committee of j the North Carolina Lutheran Synod in St. John's church, this city, Sunday steps were taken looking to the estab lishment of Lutheran churches in Greensboro and High Point, at which places there are quite a number of members of this church. Rev. J. L. Morgan, the State missionary, will at once take up the work in High Point. Six Cars And Engine Derailed, 2 Persons Hurt Elpaso, Texas, July 22. —The Chica go and Rock Island "Golden State Limited" Eastbound was wrecked yes terday at Pasturn, N. M. Six cars were thrown from the track and the engine partly derailed. The passengers were severely shak en up but the only persons seriously hurt were two negro porters. Most of 470 Miners in Pit May Have Been Lost Tokio, July 22. —There was a fatal' explosion Saturday in the colliery at [Toyooka in Bungo Province. | Tt is reported that nearly all of the 470 miners in the pit at the time were I killed. St. Petersburg, July 22. —Accords ing to the Bourse Gazzette, the Rus sian minister Manine has ordered the Bajtic yards to prepare for the prompt construction of several 22,000 ton bat tleships-: ~ BAD BLOOD THE SOURCE OF ALL DISEASE Every part of the body Is dependent on the blood for nourishment and strength. When this life stream is flowing through the system in a state o! purity and richness we are assured of perfect and uninterrupted health; because pure blood is nature's safe-guard against' disease. When, however, the body is fed on weak, impure or polluted blood, the system is deprived of its strength, disease germs collect, and the trouble is manifested in various ways. Pustular eruptions, pimples, rashes and the different skin affections show that the blood is in a feverish and diseased condition as a result of too much acid or the presence of some irritating humor. Sores and Ulcers are the result of morbid, unhealthy matter in the blood, and Rheumatism, Ca tarrh, Scrofula, Blood Poison, etc., are all deep-6eated blood disorders that will continue ta grow worse as long as the poison remains. These impurities and poisons find their way into the blood in variou? ways. Often a sluggish, inactive condition of the system, and torpid state of the avenues of bodily waste, leaves the refuse and waste matters to sour and form uric and other acids, which are taken up by the blood and distributed throughout the circulation. _ Coming in contact with contagious diseases is another cause for the poisoning' of the blood ; we also breathe the germs and microbes of Malaria into our lungs, and when these get into the blood in Buthcient quantity it becomes a carrier of disease instead of health. Soma are so unfortunate as to inherit bad blood, perhaps the dregs of some old constitutional disease of ancestors is handed down to them and they are constantly annoyed and troubled with-it. Bad blood is the source of all dis ease, and until this vital fluid is cleansed and purified the body is sure to suffer in some way. For blood troubles of any character S. S. S. is the best remedy ever discovered. •It goes down into the circulation and removes any* and all poisons, supplies the healthful properties it needs, and completely and permanently cures blood diseases of A every kind. The action of S. S. S. is so taorough that hereditary taints are removed and weak, diseased blood made strong and ® w % healthy so that disease cannot remain. It B II DPI .. M cures Rheumatism, Catarrh, Scrofula, Sores PURELY VEGETABLE Ulcers, Skin Diseases, Contagious •i; . - - Blood Poison, etc., and does not leave tho slightest trace of the trouble for future outbreaks. The whole volume of ? neWed a ? d Cl ? ns l ed ***** a course of S. S. S. It is also nature's greatest tonic, made entirely of roots, herbs and barks, and is absolutely 3 a l Y P i Srt °/A e , Sy f ten V S - S - S. is for sale at all first class stores. Book on the blood and any medical advice free to all who write. THE SWiFT SPECIFIC CO., ATLANTA, CAm Plumbing, R>oo£ing —AND—.— Guttering ONE by expert workmen. All kinds of Tin Work on short, uotica A full line of Bath lubs, Bowls an( j sinks, with hot and cold T?-*-®* fixtures. We will do your work right. Hickory Roofing and Tinning Co McCOMBBROTHERS ' DEALERS IN Groceries Fresh Meats, Butter, Corn, Hay, Cotton, Seed Hulls, Meal and Country Produce. H I CKORY. N.C. Several Men I Lost In River] j Lorain, Ohio, July 22.—A score of' imen were precipitated into the river j J this morning and several drowned a', bridge crashing beneath them. Two bodies have been taken from the water. Another is known positive, ly to be in the river and several more are missing. It is probable that they are also lost The men were employed in the ship yards and used the foot bridge to cross the river to work. This morning a portion of the foot bridge was open to permit a vessel to pass. The men were leaning against the rail waiting for the bridge to l,e closed, when the rail broke and about 20 went into the river. Governor Glenn Replies To President Finley Raleigh, N. C., July 22.—Governor Glenn issues a statement in answer to that given out Saturday night at Aslie ville by President Finley of the South ern Railway, in which he charges that Finley mis-states the facts when he say& the state is trying to "hamper or interfere with the orderly course of judicial procedure" in the passenger rate litigation that has developed so sensationally. He says the state is' obeying every order issued by the federal court while the railroad company is refusing to recognize the state courts in the en forcement of the state law. ! He says the state will commit no unlawful or unseemly act, but will do its utmost to sustain the state courts acting legally in executing their pro cess against all offenders. Preparation is being made for the re sistance of any effort by the Southern to stay the execution in judgment for $30,000 imposed by Judge Long last week. PALACE HOT BED OF PLOTS. Intrigues on Large Scale in Progress at Seoul. Tokio, July 22. —Telegrams from Seoul state intrigues on an exten sive scale are now in progress. It is declared the Palace is a hot bed of illicit plots and conspiracies. Dissatisfaction is spreading rapidly and the riotings of the people through out the Peninsula are apprehended. Balloon Picked Up. Aeronauts May be Lost St. Petersburg, July 22. —The mili tary balloon which ascended fromthc Aeronautic Park at Tsarskoo Solo Friday, manned by four army officers, has been picked up at sea in water logged condition. It' is believed the aeronauts per ished.
Hickory Democrat (Hickory, N.C.)
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July 25, 1907, edition 1
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