The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-15
PEcKs.m srArE nroHrY m1M.
His Atts-p,s - Evsds the Eisvesth A-eSs-
west. Wbieh tausrartesa state Htahts -
Certsia CIrenr,~tanees.

NsNAEHhN9WM
Certsip Circumstances.
WASHINGTON. Feb. 14.-Ths advocates Of the
confirmation Of the Hon. Wheeler H. Peckham
10 be Associate Justice OF the supreme Court
assert that he lie great iurist: but not feeling
over strong on this point. they are saying to
Democrats Senators that he is very strong
State rights man"
There does not seem to he any record Of
Mr.. Psokham showing that he feels any special
solcitude for State rights, or that his theory
OF constitutional construction is in harmony
with the views Of the great Democratic jurists
and statesmen OF any era The fact that
Peckham's confirmation Ia warmly favored by
Mr.. Justice Harlan who IL regarded as one OF
the most extreme Republicans in the entire
country and hardly Ivy accident even has
taken in any political controversy the Demo-
cratic side OF a question before the court 10
well calculated to make the Democrats hesi-
tate for fear lest they may BIO Strengthening
their opponents hold upon the bench.
Mr.. Peckham has not been specially con-
spicuous before the Supreme Court bar. al
Enough well known personally 10 New York
and Washington. His most prominent cases
before the United states supreme Court we're
what are called the Louisiana debt cases.
namely. the State OF Louisiana eg re-. John
Elliott ct al. agt. Alien Jumel Auditor OF
the state OF Louisiana. and John Elliott and
others va Louis A. Wilt. Governor &c.
Mr.. Peckham filed briefs In both these cases.
and appears also to have co0perated with the
counsel who conducted the cases OF New York
and New Hampshire vs. Louisiana. All these
cases involved the construction OF the Eleventh
Amendment to the Constitution. which in the
most express terms declared that the judicial
power OF the United states should not he con-
struou 10 eN'ehd 10 any sun IN Jaw OF equity
otboT Ste u.s. hS oI,i1sns w. s"h,onts 30
s, c., -. ~ 49,,
1911 "t ,% H%V u, men, - pts s,s,, ~
miscbief Massachusetts, having frat nro.
no.od \, Wv
All those Louisiana suits were intended to
oct orou,d thts nmendp,o,t In Mr. pocl.
hams cases the suits were brought against
the State officers to coerce their action In
oeeyine the Constitution ana laws OF houisi-
ana ana the character OF the proceeding no
favored may be Inferred from Mr.. peckhams
peculiarly sacred In the financial plan and
policy OF the state" or that there was some.
lion Of state onicors, Wv 80,
The remedy sou hit i'm plies mower in tho iti.
dietary TO com nal tho State 70 abide nv and
i. S GS Of
mcnt In the ordinary form Of judicial pro
ca1urp hut by assumi NO the ron rol Of IN adj
minisrntion OF In. iIscni niIairs OF the State 10
tho extent that mny be necessary TO ACCOM-
piish the end In view"
in order to be com plete. would re1uire the
court To assume Mi tie executive enthorItv OF
the State so FAR ms il reMted To the aniorce.
ment n this law and TO supervise the conduct
OF Ali persons charged with any ofIicini duty
in respect to the levy collection and djsburse-
ment Of III. tax I'm question until tha bonds
priucipai and interest were maid in fuii and
that too. In a proceeding to which the State,
az state. was not and could n OF be made a
political power cannot be thus ousted of its
inriadiction and the judiciary set in lis pi,ce'
When a state submits ITSELF Without rsserya-
ton 10 tho jurisdiction OF a court in narticr-
lar case that jurisdiction may be used TO give
full effect to what the State has by its act of
submission allowed to be done and IN tho law
permits coercion Of the public oficers 70 an.
force any judgment that may 6e rendered,
then such coercion may be emplored for that
PURPOSE Hut this Is very far from authorlzinr
the courts, when n state cannot be sued to sot
up its jurisdiction over the oficers in charge
OF the public moneys 80 as TO control them az
against the POLITICAL power in their ndminis-
trAton OF the finances of the state In our
opinion to grant the relief ask ed Tor in either
OF these cases would be to exercise such n
power"
ceeding in which Mr. PeckhRm figured as
counsel was TO drag the state OF Louisiana, by
q private suit against her officers, before the
Federal tribunals; to evade and override the
Eleventh Amendment to the United states
Constitution to usurp the political power of
the state in respect OF its public debt and to