Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-12-22
WEDNESDAY. e. DECEMBER %, 1896
Usurnng Federal Courts.

II Is not in Nirginia alone that the people
have had reason to complain because OF en-
croachmcp,s made by the Federal courts
upon the domain Of the jurisdiction OF the
state courts. We are not surprised TO hear
such complaints from other states. such
wrongs cannot be confined TO one section
nor 10 a few States. II allowed here, they
will necessarily be allowed there. All the
STATES must suffer. each in its turn. unless
Congress shall awake to the dangers which
threaten the liberties and property OF the
people as a consequence Of the acquiescence
Of tina, body in the uujusiifable exercise oil
Jurisdiction by the United States courts.
II was stated IN our columns few days
ago that in ST. Louis a great number OF
persons had been indicted in Federal
court for crimes committed upon the cleo
tive franchise. As Missouri il clasSed
amongst the southern States. 1t Is no. TO be
pr, sumed that II ~ matter OF any conse'
mence whether Congress snail interpose
in behalf Of her citizens or not. Republic
can cOngressm can see nothing wrong IN
prosecutions or prose cutiOns OF which none
but southerners are the victims, and too
mny Democratic congressman think 1t
bad policy 10 say word IN behalf OF any
measure called for only in the South.
But when a Republican State-or north
EN- State, as we nave acquired the habit OF
styling each Of the Republican States-suf'
fers under a grievance. it, cry may attract
attention even in Congress. Nebraska feels
the iron hand Of the General Government,
and raises her voice to protest against the
policy CT dwar6ng the several States and
consolidating all powers in the United
States. The AttoIney-General OF that
state, in his last annual report to the Cover
nor, says
81 find that there is such a growing
tend,ucy on the part OF the Federal courts
TO extend their power that the machinery
Of our State courts is almost plralyzed.
This Is caused by a strained construction OF
the Federal.iudiciary act; and for the most
trivial prcteXt the Federal courts are looked
TO rs the final tribunal in the determination
Of a criminal trial. The above act has been
so construed that in the discretion OF l
Federal Judge prisoner in our state pen-
teniiary, duly convicted in our District
Court, with the judgment OF conviction
affirmed by our State supreme Court, can
I've released on hGbedS corpus, and the
state f. Obliged to carry It's convicted felOns
TO and from the Federal courts wherever
they nay he in session, and that, too. at The
Judges discretion. This | believe TO be
wrong.
"A line should be clearly and distinctly
drawn between our State aud Federal
courts. The evils existing arise in mlny
WAYS 10 the detrimcnt IL orr people. Take,
for instance, the foreclosure Of i mortgage
on Nebraska farm. The mOrtGacce,
living in a foreign STATE, sends his money
here 10 be loaned. He Is satisfied with the
security and willing TO rely on the citizens
Of our state and his securities for payment.
In ease technical default Is made in paw
ing interest the mortg1gce, b.ing non
resident Of the state, brings his action To
foIccioSe his mortgage N the United states
Court: q judgment is rendered against
hm-righlly, too, we will admit, but ONLY
after long and tedious proceeding. but
the large aud expensive bill Of costs Is al.
wqIs sufficient 10 absorb farm Of eighty
acres, valued at Sl.ju0. on one years d.
fault OF lutcfc~i on sJtO M lTlGAEc. WHO
in our State courts the costs would MOI
equal one tenth OF the amount allowed in
the Federal courts.
"Wfits OF error ere allowed by one OF
the judges OF tie supreme Court 81 the
United States when, in their 0paiion, a
FeGCral question il rli,ed.'
This last j. the practice that bodies most
danger to the best Interests OF the republic.
In face OF the clcarest iuhibltionS, tue
Federal courts rule that whenever Fedc-
raj question Is raised they have iursdIc'
ton. Those courts thus do by indirection
what they could not do directly. They
cannot entertain suit against Virginia
but they can, as Mr.. ChiefJustice WAITE
and three other Judges OF the United
States Supreme Court have said, make The
eleventh amendment a mere "iingle Of
words or "glhlcring generalities," a
MIR. CHOaTE's phrase has 1t. What is ga
Federal question: Every judge decides
for himself. When is ga Federal queS
ton" involved in case? Whenever ;
Judge chooses so to rule.