The news & observer., 1897-03-11

ALI the talk here yesterday was about
the attempt of the Southern Railway
to secure an injunction againSc the Gov
ernor, Attorney General and Directors
of the North Carolina Railroad.
The people had been startled and i'm
furiated by this new move to c0erce
the State OF North Carolina There was
universal condemnation and indignation
on all sides. In the Supreme court room
the question was talked over by the law
yers in the city attending the Supreme
court, and with two or three exceptions
the opinion was strong against the mon
strous uses to which the Federal judi
ciary was put.
One Of the mildest lawyers in Raleigh,
Il Democrat of the straitest sect, who
is usually well contained, said:
when / read the complaint in the
News and Observer this morning, and
saw that it was proposed to enjoin the
Governor, / felt disposed to write a let
ter to Governor Russell, and advise him
to wire Simonton this message: Go to
the devil But l decided not to do it
though no other words would be fitting"
Another gentleman-and he is a law
yer too-was quite as hot as the gentle
man above quoted, and he said: Il would
give a thousand dollars to be Governor
for the next thirty days. | would arrest
Judge Simonton-and put him in Jail
as soon as he reached the State lines if
I had to call out the State Guard to
do it. / would teach him that the SOW
ereign State of North Carolina is bigger
than any political party"
These were samples of the more radi-
cal utterances of the best citizens in the
State.
Many men, who favored the lease,
were furious that Federal Judge, who
was an attorney of the r. and ID. Railroad
before he was appointed to position
on the bench, should seek to coerce the.
Executive of the State from protecting
the States property.
In comparison with the question rails
ed by the injunction proceedings" said
prominent citizen, ''the lease question
sinks into insignifcance. Tt would be
better for the State to make free gift
to the Southern Railway of the whole
railroad and all the railroad interest of
the State than to see the sovereignty of
the State destroyed, and its Chief Ex-
ecutive hauled up before Federal
Judge. Our forefathers would have gone
to war before submitting to such usurpa-
ton Of authority"
That gentleman voices public sentiment
from one end of the State to the other.
The friends of the lease feel that this
attempt at government by injunction is
blow to destroy them at home as well
as to break up the rights of the State.
Mr. McCrary, the brainiest leaders of the
railroad forces ON the Republican side
of the House Che did not below so loud
as Blackburn, but has ten times the
brains) is strongly opposed to govern
ment by injunction.
COL. A. NJ WADDELL'S VIEWS.
Col. Alfred Moore Waddell, of Will
mington, one of the ablest men the State
has produced in fifty years, is attending
| the Supreme court. He is well yersed
| in constitutional law, believes in the wis
dom of the trainers of the Constitution,
and mourns the tendency toward Fed
eralistic construction that blots out all
the rights of the State Talking last
night about the Simonton injunction, Col.
Waddell said:
Il have only read the summary of the
bill in Equity as contained in the News
| and Observer, and think it presents a
strong case, but it is very hard for one
who lived before the war to take kindly
to the idea of Federal Judge summon
| ing the Governor of State, and the
Attorney General and others before him
| to give an account Of their dealings with
a corporation or individual. Still sup
| pose that under the modern interpreta-
| tion Of the Constitution such things are to
| be expected.
THE government of the United States
is not now the government established
by our fathers. 1t is rapidly becoming a
consolidated empire and the man ON horse
back is coming"
JUDGE ALIENS FEARS.
Judge Allen, of Goldsboro, who is also
attending the Supreme court, views with
alarm the gathering 10 itself by the Fed
eral judiciary of the powers conferred
by the Constitution. He stands firmly
on the Democratic platform against gov
ernment by injunction. He is noted Tor
his conservatism. He said last night:
II have taken no part in the contro-
very over the lease and express no opinion
unnn the validity Of the proceedings m
stiuted before Judge Simonton, bur |
think attention might now be directed
at this time to the increasing powers OF
the judiciary.
Under our form of government the