The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-17
GOVERNMENT BY INJUNCTION IN WHO'LL
SALE SOLD.


tion. This time it is the Western Union
Telegraph Company, which pays big div
Iidends on a mass of watered stock and
IS1OO. 900 salary to its president. 1t is to
prevent the reduction of telegraph rates,
Iordered by the Railroad Commission of
this State.
This demonstrates the wisdom of that
plank in the Chicago platform denounc-
ing government by injunction" We
have recently seen Federal Judges find
or make authority to forbid a working
man to even walk on the roads to hold a
lawful meeting while the same judges
declare themselves powerless to enforce
the plain laws against powerful trusts
Worse than that, we find to-day three
Sovereign States in open revolt against
Federal injunctions, not to speak of the
conflict between the State authorities
and a Federal Judge in North and South
Carolina. The tax commissioners of the
State of Indiana defy an injunction is
sued by Judge Baker, of the United
States District Court, and proceed to
assess the property of the Indiana Manu-
featuring Company at the market value
of its stock. Judge Baker had held that
the patents of the company, comprising
most of its property, were not taxable,
and had accordingly enjoined the assess
ment. Now the tax commissioners are
threa tened with arrest for contempt of
court.
of which the venerable Judge Reagan is
chairman, in pursuance of statute of
the Texas Legislature, proceeded to re-
duce the rates charged by express COM
panies when a Federal Judge interfered
and there came a clash between State
and Federal authority.
In Kansas, for reasons that seemed
sufficient to law-making power, no IL
cense was granted to one of the New
York insurance companies to do business
in that State. The law of Kansas pro-
hibits the soliciting of insurance business
in the State without license. The Mu-
tual Life agent went on soliciting bust
ness regardless of the statute. The State
Insurance Commissioner and the Attor-
ney General brought proceedings in the
State courts to prevent the company
doing business in the State, and the. in
surance company applied to Federal
Judge Williams, of Arkansas, who was
summering at Colorado Springs, Col, for
an injunction prohibiting the State of
Kansas or its State courts from interfer-
ing with the insurance company in that
State, and he granted it without giving
hearing to the State authorities. The
effect of the injunction was a virtual
repeal or annullment of criminal stat
ute passed by the State of Kansas. The
officers of Kansas took the ground that
the injunction was in violation of the
Constitution of the United States, pre-
own laws. In spite of the Federal
Judges injunction, the Governor and
Attorney General have brought quo war
ranto proceedings against the insurance
company, to show by what authority
they are doing business in Kansas. This
action, of course, is in violation of the
injunction issued by Judge Williams,
and if he enforces his injunction we may
next expect to hear that the Governor or
Attorney General or both, have been
arrested for contempt In an interview,
the Attorney General points out that the
proper course for the insurance company,
if it thought license was illegally with
held from it, was to apply to the State
courts for a mandamus compelling the
Insurance Commissioner to issue the Ii
cense. No attempt was made to do this,
but the company rushed off to the Fed
eral Court-the ready friend to corporate
power. The Attorney General uttered
words that would have been endorsed by
Jefferson, if living, when he added:
eff Federal judge of Arkansas, while
taking his baths at a summer resort In
Colorado, can suspend for a limited time
the operation of any portion of the laws
of the State of Kansas, then Federal
Judge, no matter where he may be, can
stop the whole machinery of our State
government appoint a receiver and act
as general dictator of State affairs. If
this order, with it's sweeping intent, can
stand, it is simply revolutionary. I have
no desire to precipitate a clash between
the Federal and local courts, but it il
of vital Importance that the people
should know definitely whether the State
: has any rights that a Federal Judge may
: respect If we have no such rights, then
, State government is a useless expense.
In this connection we call attention
to the following editorial in Senator
Hawleys paper. the Hartford Courant