Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-09-11

Federal Interferet
Some aIlusion was madtbove to the
well known aggressiveness the Federal
judiciary As further illr'ation of ii,
the injunction proceedings Gently au-
thorized by Judge Bryant on half OF the
Cotton Eclt are directly in pit. A well
known Texas lawyer, entirely Thar with
all the circumstances precedii ID attend
ing the injunction suits, relatLihe story
for the writer yesterday-w7 in brief
was something like this: Whose Cotton
Belt receivership ended seye1 months
ago, anG the stock OF the TO nas pur-
chased by Fitzgerald for the co Az now
operating it a great many ccs we're
pending against the receiver. Ttrtlalms,
OF one kind and another, aggreg' "a con
siderable sum. The receiyersh having
lapsed, the claims followed the pHfty as
matter of course, or Of Ia which
is the same thing. Some of therilre in
the nature of judgments and O.Ns I'M
proved claims. The road being rated
under state charter and Liable + ali
debts under state laws, the sever, aim
ants brought suit in the state cou1, lpon
claims originating under the recei mp.
There being no longer receiver. the
control Of the road having passset ! Of
Judge Paldee's hands. claimants ma Yer
feet right TO present their claims the
state courts. Besides, under the iaral
act OF 1855, for which the country en-
dcbted TO Hon. David B. CulberSon, iAoo
longer necessary for d creditor to Obta &c
consent of the Federal court to brin 1T
in state court against Il railroad or y
CCiver. BY that act Federal Judges
stripped of a portion OF the power thar
creditors ard claimants against railroaA
ceivershipS cOmple -ely at their mercy. s.
WIS this the only limitation upon q
power Of the Federal judiciary effected
CONGRESSMAN Culberson. The state cot |
and he people are under obligations to ~
for more than that. He conferred gr,l
blessing upon iitigants when he Ply
cured the enactment of law by &C \
gresS raising the amount in cOntroverf
that would confer jurisdiction Z
the Federal courts from SOC
10 5000. This act took from the Fedora
courts the power to drag rlen hundreds o
mics and subject them to heavy expense
aud ruiuous COSTS to answer charges of
minor character. or plead The truuped VI
claims that should be adludicated in thei
own vicinage.
Another reform of his was the amend
meat to Il Fedora. statute placing nationa
banks on q like footing with other iJigants
Prior To this 4 national bank might not SUI
or BE- sued only in Il Federal court Nov
it must 90 INTO the state courts as other
do There are some other specimens o
old Dawes" legislative handiwork tina
ought TO make him the pride of Texas, il
could recall thcm But 10 return from
this digressiou-it seems that Judge Par
dee had made AN order. Notwithstanding
the lapse of the Cotton Belt receiverShip
that al claims against il not filed in m
court and allowed by a certain day-th
2lst. perhaps. of December ueSt-would b
forever barred and OF no validity 1t /
claimed that such an order is wholly I'm
warranted, Us it IS rendering judgment b.
anticipation III cases that have never had
Judicial hearing, and may hav
never been in court even. 1t
therefore regarded by lawyers a
an undue exertion of judicial power. Il
order. perhaps, 10 compel the return of tn
claims sued upon in the state court I
Judge pardee's Jurisdiction. Injunction pro
ceedlugs were instituted in Judge Bryant
Federal court from restraining TIT
state courts taking any further at
tlou on them. The question NATURAL
arises. why is It sought TO have those claim
I'D judcatcd in 4 Federal rather than in
state COURT Is it because the road can
get justice in d state court, or can get NOR
than justice in Federal court? Which /
it! In state court claimants are entitle
TO trial by jury In the Federal court thu
Judge alone passes upon each case. Sup
pose the injunction proceeding holds good
does it not follow that the interference o
the Federal courts III matters pending in
state court. is tantamOunt 10 a practica
denial Of the right Of trial by jury! l
seems that Congressman Culberson has
other legal and judicial reforms TO carr.
through congress before his labOrS in tina
line ara ended or before the wings of Fed
eral courts are sufficiently clipped.
The trial of the case between the Gulf
West Texas and Pacific and the railroa,
commission takes place III the distric
court at this place next Wednesday. TIT
issue IS. can the commission compel tn
road to run one train day each way. TIL
question IS u new one, and owing TO tn
numO Der of points involved, promises 10 b
one OF considerable Importance.
Austin is making 4 herculean effort t
raise SO 900 for the extension Of the Austin
and Northwestern railroad from Burnett /,
Llama, and will probably succeed, at leas
so say the committee having the matter il
charge If they fail. Llano. which give
500 600. will throw its help to the Aransa
Pass road, which will be built up to tina
country. LIano must have road, an out
let or it is in the soup. If it can't come It
Austin il viii reach the outer world by wa.
of san Antonio, j roundabout course. bu
the pest lildL can Uc zone. AuSIln sees Una
she must make 4 spoon or spoil horn, an,
has gone TO work vigorously TO head of
san Antonio.
Said gentleman to-day who knows
good deal about the manner in which TN
rascally leaders of certain labor and othe
organizations hoodwink and bleed the ranl
and file, Il would like to know about hov
much the leaders of this so-called 'Cottol
pickers' league are going to make out o
The thousands of poor, ignorant devils o
darkevs. whom they persuade TO join ant
pay fees Suppose said he, ever
negro cotton picker should pay fee of on
dollar. and all we hear of the million or S
negroes joining be true, don't you see tina
soIae grand rascal is apt to make a forum
out of the poor, ignorant dupes," What,
said he, docs any of the leaders in thi
movement care as to whether the negroe
who want TO be given dollar 4 hundred 70
picking cotton starve, or the farmers los
their cotton, If those leaders get thei
fees" The writer is unable to answer
and refers the query to Brer Humphrey
who appears to be the high priest of tn
cotton piCkers.
Capital Cuttings.