Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-06-05
sss PORTRAIT SUITS,

Two OF the most important eases
thai are to be tried before the Circuit
Court Of the United States, which con-
vened in Raleigh on Monday. are what
are known as the Swasey and Alfred
Self spits, in which the State of North
Carolina is really the defendant. The
Swasey snit seeks to have the States
interest in the North Carolina Railroad
sold under decree of the Court, in
order to pay the bonds that were
issued by the State to aid i'll the con-
strnction of the road. The last num-
Der Of the Raleigh STATE agricultural
.Iou7aal thus reviews the subject:
The capital stock of the n. G. Rail-
road is four million dollars. One mil
lion of this stock is owned privately:
the other three millions the State
owns. The act, however, that author
lied the issue of these bonds, bv the
State, pledged the States stock in the
road and all the dividends of the same
to make good the payment of interest
and principal on these bonds % the
former became due, or as the latter
matured.
The interest had not been paid for
several years, when a former proceed
ing, IN this sage Court, resulted in
epjoining the Treasurer Of to- road
from paying the dividends of The
States stock into the State Treasury.
but requiring him to pay it into the
hands OF receiver Of the Court, for
the benefit ct the bond holders.
We suppose these dividends have
not paid all the interests due, and now
the bondholders appear again before
the Court, by their attorneys, and ask
that tie States entire property in the
Road be sold fo< their benefit.
The Circuit Court is q part of the
Judicial power" of the United States,
North Carolina is Zone of the United
States" this stock is tue property of
North Carolina. and will continue to
be her property unless the judicial
power of the United States is exerted
TO terminate her ownership.
It seems to us that this sspower"
cannot be SO exerted if the court OBJ
served the constitution of the United
states.
That instrument, Art. XI, of the
reeds, "The judicial
power of the United States shall not
De construed to extend to any suit in |
aw or equity, commenced or prose- |
'uted against one of the United States,
y citizens of another State, or by |
itlzees or subjects of any foreign
,tate."
The other case against .he people,
q our humble Judgment, asks tbs
;oart to violate more palpably still
his provision of the constitution. The
ramers Of the constitution knew that
o court you'd ever entertain a suit
rought simply against that mass of
arth and water-that E41t Of the
arth's surface-that we call North
'arolina. A State can be sued only
trough its officers.
Alfred Self and others wish to col
'ct from the State of North Carolina
1e interest on some of the special tax
onds. They are now invoking the
judicial power" of the United States
, order one of the officers of the
nited States to order one of the
Ulcers of the State Government to do
official act which the Legislature of
le State has by law forbidden him to
,. They ask the court to command
uditor Reilly to place on the tax lists
. amount to be collected by the Sher-
g Of the State to pay interest on
aintiffs' claiaas.
The Auditor is of the Executive De- :
lrtment of the State Governzneat, If I
g Judicial power" of the United :
ates can, by aa0ndanaus, control the
1ditos in the execution of his official
tiles: why may not the same power
rect the Governor, also, who is only !
Q chief OF the same department3s l.,