State v. Southern Railway Co.
Supreme Court of North Carolina
INDICTMENT for misdemeanor, tried before Long, J., and a jury, at July Term, 1907, of tbe Superior Court of Ware County. Tbis is an indictment against tbe .defendant for tbe violation of tbe provisions of chapter 216 of tbe Public Acts of 1907, ratified 2 March of that year, commonly known as tbe “Passenger Rate Law.”
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INDICTMENT for misdemeanor, tried before Long, J., and a jury, at July Term, 1907, of tbe Superior Court of Ware County. Tbis is an indictment against tbe .defendant for tbe violation of tbe provisions of chapter 216 of tbe Public Acts of 1907, ratified 2 March of that year, commonly known as tbe “Passenger Rate Law.” Tbe act does away with tbe requirement that all railroad companies shall furnish first and second class passenger accommodations and establishes’ a uniform-rate of two and one-quarter cents per mile for passenger travel. The material portions of the act necessary to an…
1Opinion of the Court
Walker, J.,
after stating the case: This in one respect is a case of supreme importance. It involves the right of the State to enforce its criminal laws without interference by the National Government or its courts. If the defendant is right in its contention, the authority or separate sovereignty of the State is a myth, and not, as we had supposed, a reality. We had taken it to be settled, without leaving room for cavil or controversy, that a Federal court could not stay the arm of a sovereign State in the execution of its criminal laws. If any exception to this just and necessary rule…
2Cases cited48 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Munn v. IllinoisSupreme Court of the United States · 1877
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- In Re AyersSupreme Court of the United States · 1887
- In Re SawyerSupreme Court of the United States · 1888
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3Cited by26 opinions
- Pettit Grain & Potato Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1948
- Turner v. . New BernSupreme Court of North Carolina · 1924
- Thompson v. Town of LumbertonSupreme Court of North Carolina · 1921
- State Ex Rel. Shafer v. LoweNorth Dakota Supreme Court · 1926
- Deese v. . DeeseSupreme Court of North Carolina · 1918
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