The news & observer., 1897-03-18

y
eral courts have the power to enjoin the
Governor Of State, and whether the
writer believes in government by injunc-
ti0n:
CAPT. KITCHENS VIGOROUS ENG
LISH.
10 the Editor: No one can possibly tell
what a day may bring forth. Ten years
ago, a proposition to restrain sovereign
State by Federal judge, from instituting
a suit against citizen, a corporation or
State to test the validity of contract,
or to try an issue of fraud, or to settle
any legal or equitable contest, would
have rendered the party and attorney
who suggested it and the judge who
permitted, liable to the charge of lunacy.
The bare proposition us startling, and
its consummation is an infamous crime
against right, justice and liberty.
1t is an attempt by Federal judicial
power, to stit1e justice, to destroy the in
dependence of the citizens, and to throttle
and choke to death the ina Eenably sover
eign powers of a State. To say that the
State of North Carolina or one of it's citi-
zens shall not bring suit against the
Southern Railway, is equivalent to grant
ing that corporation free dispensation to
ride rought shod over the citizens of the
State and the State itself without fear
hinderance. or molestation from any
court, State or Federal.
Should the injunction be sustained, it
will be an end to the liberty of the citizens
and the sovereign powers of a State over
it's citizens, its corporations, its local
affairs and foreigners and foreign cor
porations can violate State laws, cheat,
swindle and defraud our own citizens
and the State with impunity.
In short, foreign corporations can do
any wrong, commit any crime, violate
any law or laws, and not be subject to
Indictment or to a civil suit for damages.
The proposition to enjoin sovereign
State from bringing suit against a
corporation, had its origin in the brain OF
tyrant. and if allowed, the judge or court
permitting the same, becomes the tool,
the ma chine Of a tyrant. To grant such
an injunction is a usurpation of judicial
powers never contemplated by the mildest
expounders of the Constitution. A judge
who would grant restraining order to
prevent q State from inst;tuting a suit
to test the validity of contract or to
try an issue OF fraud, ought to be i'm
pea ached, and court THAT would sustain
such an order ought to be abolished, or
such judges and courts will very soon
abolish the liberties of the American peo-
pie. The laws of the country gives the
right of actions to redress wrongs and
| maintain rights and the only penalty or
punishment inflicted is the payment of
DIT .,> a hn ,,,1 =,
stituted for the law. He becomes sole
| arbiter of the rights of property, repu-
tation and life. He becomes the GREAT
AM. Such judge or court could, with
equal propriety, restrain the planting of
| large crop of corn, wheat, or cotton
| upon the flinsy pretext that a large crop
would reduce prices. Such a judge or
court could, without law, with equal
reason restrain the building of rail
road in the locality of another road upon
| the grounds that the second road would
render the first road less valuable.
Suppose the recent Legislature had
| fraudulently empowered the Treasurer
| 10 issue ten million of bonds and he was
issuing and selling the same at par? Such
a judge or court as we are now discussing
could restrain the State from bringing
suit to test the legality of the bonds,
upon the ground that such suit would
depreciate the value of the bonds in the
markets of the world Fraud vitiates
every contract it enters into.
All valid contracts must and will stand.
No law or court can or will declare a
bona fide-valid contract invalid. If the
lease of the North Carolina Railroad for
30 years is valid; if the directors had the
power and authority to lease the said
road, given them in the charter or in the
amended charter, then the courts will
so declare and the Southern Railway will
not be damaged. But if these directors
did not have the right under the charter
or charters and exceeded their powers
| in making thelease, then the courts will
| so decide. If the directors acted cor
| ruptly and fraudulently in making this
| lease and the agents of the Southern
participated in that corruption and fraud,
| then the courts will declare the lease
null and void. But here steps in Fed
eral Judge and says-all these things may
be so, but you VIII damage, by your suit,
the value of the property in controversy,
| therefore you shall not bring your suit
The lease may be invalid, the directors
may have acted beyond the scope of
their authority, they may have been cor
rupted with Drexel, Morgan & Co., and
ROthschilds' gold; the whole transaction
may be fraudulent and corrupt from
start to finish. but says a Federal judge,
You shall not investigate the matter be
fore judicial tribunal, because you may
by such an investigation depreciate the
speculative value Of some bonds held by
Drexel, Morgan & Co., or Rothschilds,
of Europe. Says the Federal judge, it is
true, that the Constitution Of your coun-
try established these tribunals for the
express purpose Of setting finally and
forever just such cases as this, and gave
free access to these tribunals to every
| citizens to enter therein and litigate all
matters in dispute, but l stand outside
of the Constitution, above the courts and
the people, and you shall not enter the
courts to test your rights, because by so
doing you may directly or indirectly dam
| age my friend Rothschilds, Of Europe, or
my friends, Drexel, Morgan & Co., or