The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-06-09

ne EXHAUSTS THE SUBJECT
GOVERNOR Is THE STATE AND
THE REMEDY is LEGAL.
CHICAGO CRAWFORD FOLLOWS
Tutt,-Frutt Stetson and That Giant In
tellect, Fairfax Harrison on Hand
Carlisle and the Rest OF the
Professional importatIons.

| Professional ImportatIons.
| Asheville. \. c., June S.-(Special)- y
| Judge Simonton heard the lease case Of
the Southern Railway VS.. Russell today.
The court was crowded with prominent
attorneys. John G. Carlisle, Francis
I.ynde Stetson, II. Crawford, Fairfax
| Harrison. +. H. busbec of Raleigh, rep
resenting the Southern Richard H. Bat
tJq. Raleigh representing the Central
Trust Company: \. c. Avery, J. c. Me
Rae. w. H. Day. of Raleigh, represent
| ed Russell and tne new board of direc-
| tors: Judge Shepherd, of Raleigh, the
| Attorney General; J. s. Simmons and
| Judge A. Burwel the North Carolina
| Railway.
Judge McRae opened the argument
| with a two hours speech, which is said
to be the strongest presentation of his
side possible.
Henry Crawford, of Chicago, spoke
three hours in the afternoon; good talk.
L He OtEtTS Spttth lolIIolAoN'
Judge McRae - oke of the great inn
portance of the case to the people of the
| State and expressed his high opinion of
| the Federal judiciary, whose long arm is
! only bounded by the constitution.
He said two questions only were pre-
| sented First, are the Governor and At
/ .o,,,ox- CoooroI op,opollo m tho nrooncc
| of the court without their consent? The
| object of the bill is to restrain them n
| their official capacities, as neither has
/ any personal interest, and this is prac-
| tically a suit against the State, which IS
| forbidden by the constitution. Suits
| agains officials are suits against the
State. Mississippi VS.. Johnson decided
| that naming an official as an individual
did not change the character of the suit.
Judge McRae claimed that there was no
| instance where injunction had issued
| against a Governor for enforcing a gem
eral law. The only instance was where
| there was an injunction against an un-
| constitutional act. He commented on Sec
| tions CSC, COG, 1869 of the Code as show
/ ing the visitorial powers conferred on
| State officers, and argued that the Off
cials here must perform the duties en-
| joined on them. He asked what power
had the court to enforce its decree in
| such case and the court would not act
| where it could not require obedience.
Second, that the bill discloses no equity
which is as sure and substantial a de-
| fense as want of jurisdiction. This suit
| is brought TO prevent the Governor from
| bringing suit in the State court, where
| the same matters would be determined.
| Where relief can be obtained by suit at
law an equity suit cannot be maintained.
| Noluminous decisions were quoted on this
point by the speaker. The defendants
have not threatened to do anything except
test the lease. fully and fairly in the
courts of the country.
(By Associated Press
Ashcville, y. c., June S.-The injunc-
ton case Of the Southern Railway Com
pany VS.. Gov. Russell, Attorney General
Walser and the president and directors
of the North Carolina Railroad Com
'pany was called in the United States
Circuit Court this morning. The matter
is in the form of bill in equity, pray
ing that the several parties defendant
may be restrained from bringing suit in
the State courts to annul the ninety nine
| year lease of the North Carolina Rail
road to the Southern Railroad. Upon the
reading of the bill before Judge Simon
ton, at sitting of the Circuit Court at
Lynchburg, Va, a temporary restrain
ing order was issued against the defend
ants and the case was set down for a
hearing in Greensboro, in April. At that
time, by agreement, the hearing was
postponed till today. Hon. John G..
| Carlisle, ex-Secretary of the Treasury,
the leading counsel for the Southern
road. Associated with him are Henry
Crawford and Francis L. Stetson, of
New York, and Fairfax Harrison, So
licitor of the Southern Railway. Presi-
dent Spencer, of the Southern. is also in
attendance.
| Judge McRae, of Raleigh, opened the
argument for the defendants. He quoted
the Code showing the authority given the
Governor and attorney general
at is alleged that the State is inter
ested in this case," he said, "only by
reason of its ownership of shares in this
road. But we say that the State is in
terested in a higher manner. How can
process be enforced against the State
Never has the Governor of a State been
compelled or enjoined to do an act eX-
cept by his consent. Nothing has been
decided, even by the dread arbitrament
of war,but that this is a perpetual union
of indestructible States. The Governor
stands i'm his State as the President of
the United States.
1--WE contend that no equities have
been disclosed in this bill. Complainant
seeks to do what it says the defendant
seeks to do. That is the burden of their
charge, that we are going to bring a
suit against them and what do they doF
Bring a suit themselves. Their remedy