The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1897-03-18
nR. HICKS VIEWS
On the Subject of Government by In.
junction-fie honors the Governor
for Bouncing the Directors of the
North Carolina Qa11road

junction-He honors the Governor
for Bouncing the Directors of the
North Carolina Railroad.
In reply to request from the editor
of the Ee~s and Observer to give his
views on the injunction brought against
the State by the Southern Railroad,
Mr.. T. T. Hicks, of Henderson, writes
as follows:
To the editor: The State is sovereign.
The law is king. ''E Pluribus Unum:'
That Is, one, sovereign government
composed of many sovereign govern
ments.
emporium in imperio:" that is a
government within government.
There were some things it was supposed
all the States together could do better
than they could do separately. Hence
the general government. But State
is a sovereign in everything except
where it has delegated its government.
One right it expressly reserved was
immunity from suits by other States,
governments, citizens and corpora
tons. A suit is to compel some body
to do or refrain from doing something
that is to coerce it. Who ever heard
of a king being sued or coerced except
by arms? When a sheriff walks into
my capital and commands my Govern
or, chief magistrate and the. executive
officer Of this commonwealth in his OF
fetal capacity to appear before judge
and in the meantime to do or not do
something, my blood boils. l have no
one to look to for protection against
the wrong doer who would injure me
but my State and it can act only
through its executive that is the execu
tor of its laws, its sovereign power,
and if that executive, that sovereign
can be approached by any power on
earth Except the sovereign law itself
hath made) and commanded to do this
and not to do that, then his hands can
be tied and he can't protect me when 1
need his protection, and he is no SOW
ereign.- So am indignant at the suit
of the, Southern Railway against the
State. And it is ridiculous to say
it is not against the State. If
not why not sue me and my next
door neighbor instead of Russell
and Walser? We are just as angry at
their conduct as they are, and l fear a
good deal more so than the Attorney
General, though hope this attempt to
coerce the sovereign will "get his da L.
der up.''
"Give one inch and he'll take an
ELL" When the Richmond and DAN
vile Railway came 20 years ago las a
thief in the night" and took secretly
and forcibly possession of our property,
changed it's gauge,-defied the laws of
God and man it showed its true char
acter, and not having been punished
and banished and shot out of the State
as it then desc rved to be, it now,
grown holder comes in the daylight
and proposes to command this SOW
ereign State what it may or may not
do.
It is more importan that there shall
be somewhere vested Supreme power
apahle when needed Of protecting
these two millions of people in the ell
joyment Of life, liberty and the pur-
suit Of happiness than that, the "fears"
of the Southern Railway ofpunishment
for its wrong doing, shall be allayed by
tying the hands of the Governor.
Injunction is clearly defined branch
of equity Jurisdiction. No doubt its
modern development embraces the idea
of commanding and restraining large
number of people: perhaps as many as
are employed on great railroad sys-
tenn. l never lost any sleep because
Debs was sent to Jail. But if the SOW
ereign State of which I am loyal sub
ject can be commanded we have no
law or Constitution, land they may
take who have the power and they
may keep who can," and the State will
not be fit or safe place to live in.
The ordinary form of all allegation in
a bill i'll equity-for an injunction is
that some Que whom the court has the
right to command, has threatened to
do irreparable injury to vested right
of the complainant. l do not believe
the books will show case or precedent
where even a temporary injunction was
granted on the allegation of only a
| fear in the mind of one we'll known 10
| be of the class that ''fee when no man
| pursueth.'
l have not studied the particular as
poets of this lease question, nor have
l read the North Carolina Railroad
charter; but my understanding of COM
mon English words aided by Bouveir
and Webster, tells me that it is the
| business of servant to serve an
owner to bny or sell ifhe wants to, o.
director to direct. If l went from
home leaving my hired man in charge
Of the lot to keep things in order ane
look after the premises, intending Il
return in a day or two, l would b'
Justly indignant to find on my return
that he had rented out my house fol
ten years, no matter what the price
was, and all the more angry would
be if he had rented it for less than an
other was willing to give. for less thar
it's worth. What would do? l woul'
kick that servant out, resume my pos
session, because he had transcendet
his authority. That is how the Gov
ernor feels about the directors.
honor him for kicking them out.
T. T. HICKS.
uepderson n e. March r.