The news & observer., 1897-03-18


To the Editor: To question one, l
wish to say that / have not examined
into the authorities upon the question
as q legal matter, but will say that in
my opinion the Federal courts in constru-
ing their power and jurisdiction have
gone to such a length that, unless some
restrictive legislation is had, States will
soon bear about the same relation to
the Federal government as counties now
do to the State. The once boasted SOW
ereignty will soon he a thing of the
past.
The stretching process has generally
occurred upon the application, and at the
instance of the great trusts and corpora
tions, and bondholders of the country,
who fearing the State courts have ap-
pealed to the Federal courts for relief
by the equitable jurisdiction of such
courts, under that section of the consti-
tuition giving them jurisdiction between
citizens of different States, and a citizen
of one State against another State, etc
The decisions in the last few years, by
which powers undreamed of, have been
assumed, have startled the country, and
the end is not yet. None, so far as
know, have ever gone to the extent of
authorized a judge of such courts to lay
his hand upon the Governor and Attor-
ney-General of II sovereign State COM
mand their presence in city distant from
the capital, and say what they shall or
shall not do, in the exercise of the func-
tions of their Offices
The contemplation OF such state of
affairs is alarming to those of us who
believe in a strict construction of the
doctrine of States rights The consoli-
dated wealth of the country, which con-
trolls the transportation as well as the
food products and almost everything
else necessary for the life and happiness
of the people, seems to be endeavoring
to gradually establish a government OF
consolidated powers, when the sovereign
ty of the States will be scoffed at
Cooley's Constitutional Limitations says,
Sovereignty, as applied to States, inn
ports the supreme, absolute, uncontroll-
able power by which any State
lis governed" Can a person be res
trained from prosecuting a suit in a State
court? ] believe it has been decided in
the negative. If right under the United
States Constitution or Statutes is involved
in a State court, there is a method pro-
vided for removing it to the Federal
courts by appeal and otherwise. Grant
ing all the power heretofore exercised by
the Federal courts, | believe it has never
before been claimed that the chief execu-
tive of sovereign State, who in his
official capacity represents the sovereign
people, could be restrained from the exer-
else of his duty, and bow the knee of a
suppEant at the feet Of United State
Judge, and this too, only upon the fears
Of a corporation of another State.
II the equitable jurisdiction Of the
courts can be construed to extend thus
far, then indeed have we ceased to become
a sovereign people.
Should it be decided that such power
and jurisdiction exists, it is another evil
dence of the wisdom Of the Chicago plat
form in demanding laws defining the ju-
risdiction, and against government by
injunction. -vs @
Replying to question two, what remains
unanswered. ! answer emphatically that
L am opposed to government by iniunc-
ton, and believe that in the continued
exercise OF such vast power as has been
assumed by construction, hes one of the
greatest dangers to the liberties of the
for their own government. -
The speeches of that greatest Of living
Americans, Hon. William j. Bryan, in the
last campaign touching this subject, and
the Chicago platform is sufficient an
swer.
While differ politically with our Gov
ernor, / am satisfied that he has the
brains and the determination to resist by
all lawful means the proposition to de-
stroy with one blow the sovereignty OF the
State.
The dangers OF consolidated wealth is
threatening the liberties Of the people
and in the language Of the immortal
Vance IN his last speech in the Senate,
ITO your tents, Oh, Israel"
III. l.. COOK.
Fayetteville, n. c., March 13.
Nav, / know why Freedom shrieked
when Kosciusko fell"