The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1879-07-02
lGontiuled from 11aQe $50

whether court Of equity can decree
restitution If the act is performed.
The Court further says:
We proceed now to the sixth point
made by the appellants, which is that it
any case is made in the bill proper for
the interference of a court of chancery
it is against the State of Ohio, in which
case the Circuit Court of Ohio could not
exercise Jurisdiction.
The bill is brought, it is said, for the
purpose of protecting the bank in the
exercise of a franchise granted by law
of the United States, which franchise
the State of Ohio asserts a right to in
wade. 1t prays the aid Of the court to
restrain the officers of the State from
executing the law. 1t is, then, con-
troYersy between the bank and The State
of Ohio. The interest of the State is di-
rect and immediate, not consequential.
The process of the court though not di-
rected against the State by name, acts
directly upon it by restraining the Of
ficers.
The process is substantially, though
not in form, against the State, and the
court ought to proceed without making
the State a party. If this cannot be
done, the court cannot take jurisdiction
of the cause.
The full pressure Of this argument is
felt and the difficulties it presents are
acknowledged. The direct interest of
the State in the suit, as brought, is adj
mitted and had it been in the power
of the bank to make it party, perhaps
no decree ought to have been pro-
nOunced in the case, until the State was
before the court. But this was not in
the power of the bank. The Eleventh
amendment of the Constitution has ex-
empted the State from the suit of citi-
zens of other States. or aliens and the
very difficult question is to be decided,
whether, in such case, the court may
act upon the agents employed by the
State, and on the property in their
hands.
have thus taken pains TO show
that the old Supreme Court went so
far as to compel the State of Ohio,
operating upon its officers. to return
to the bank about 100000 impro-
perly collected, when 1t was admit
ted in the opinion that the suit was
in substance against the State, and
that the suit could not have been
brought against the officers without
making the State a party. but for
the 18th amendment, which made it
a necessity in the attainment of JUS
tice to allow the suit to be prosecu-
ted against the State officers.
And now the question which l
want to put to every man here-I
would be glad to impress it upon
every taxpayer in the State-is, if
the old court could decide that, what
will the present progressive Supreme
Court of the United States decide?
If the old court could say. "As
we can't get at the State, we will
operate upon its officers and compel
the restoration of money improperly
will not the new court go
enc step further and say, that when
the people of the whole State decide
by vote that they will not pay one
third of debt created by the Legis-
lature, in pursuance Of an affirmative
constitutional suggestion to encour-
age internal improvements, we will |
compel the collecting officers to ap-
so much of the revenue COL
lected as may be necessary to pay
past,due coupons?
If the courts so decide, will they
not have the sympathy and approval
of many people who believe that
technical rules ought not to stand in
the way Of courts compelling the
payment Of debt?
The important question is, will
not the Federal courts, in this pro-
gressive age, SO decide? Let the
people remember that the Supreme
Court of the United States have held |
a law to be valid, enacted by Con-
gress, which prohibits the States or
people of the States from lending
each other credit in competition with !
national banks. This is a startling
but there seems to be no
escape from its dire effects. Let the
people remember that indictments
or murder by revenue officers in the
State courts are suppressed by the
of United States courts,
md the State courts threatened with
Vrits of prohibition if they proceed.
Let it be understood that Federal
ourts In Arkansas have by manda-
nus enforced the payment of county
'onds in the face of and over the
Olemn judgments of the State courts.
let it be remembered that in Virgin.
l State Judges have been arrested
y Federal Judges for the manner of
laking up juries. These things
now at glance the progress the
ourts are making-aud when con-
dered in connection with the fact
lat the political departments of the
overnment are tending to centrali-
alton, mainly in the interest of the
oney power, all must see our trou-