The news & observer., 1897-03-11
OPINIONS ON
THE INJUNCTION.

fundamental law declares that the eXecu-
tive. judicial and legislative departments
shall be separate and neither has the
right to encrOach upon the powers and
duties of the others, but the judicial has
assumed the authority exclusively of de-
fining it's own powers and the powers
of the other departments.
The question ought to be calmly con-
to increase the powers of one at the ex-
pense Of the others, and unless restrained
may be one of the dangers of the future.
The question ought to be camly con-
sidered, and ought to be settled with
due regard for the powers of each de-
partment. The Judiciary can, by con-
structiOn, increase its own powers until
it becomes the controlling and growing
power, which is foreign to our ideas and
contrary, l think, to the spirit of our
Constitution
CAPT. ASHE SAYS 1T is WITHOUT
WARRANT OF LAW.
Capt S. A. Ashe, who is one of the best
informed men in the State, and who was
brought up in q school that revered the
Constitution, did not care to discuss the
matter in full for publication, but ven
tures this opinion upon the legal side
of the injunction:
while ii is true that the State as
stakeholder may be constrained TO abide
by the action of the corporation just as
any other stockholder might be, as a
stockholder, yet the State in its sover-
eign capacity has a clear right. distinct
from any right incident to it's condition
as stakeholder to bring a suit to test
whether this lease is not ultra wires, and
beyond the power of the corporation un-
der lis charter to make, and no court
ought 80 issue an injunction or injunctive
order attempting to restrain the State
from i8stitutirg such an action From
a casual reading Of the injunctiye order
it appeared to me that the order went
70 the extent of prohibiting the proper
officer of the State to institute such an
action. and it seemed to me to have been
improperly made, and to have been with
ont warrant Of law, and that on argu
ment it could not be sustained"
JUDGE AyERY'S OPINION.
Judge Avery declined to give an inter
view. but declared that when the rights
of the people are threatened by the sug-
gested exercise of a new method, un-
known to the Constitution, it was graft
flying to see the people feel a righteous
Indignation against the suggestion that
sovereign State can be enjoined.
MIR. BELI4AAIY'S VIEWS.
John D. Bellamy, Esq, of Wilmington,
says:
II have not read the bill in the suits
against the State, and while / am
strong States rights man, and natural
ly shocked at the attempt to sue the
State and to enjoin it from bringing suit
to contest the lease, yet as a lawyer,
/ can not see that there is amy differ
ence between the State and an ordinary
individual in the matter of this lease.
when a State goes with a business
enterprise, as subscribing to the stock of
railroad or bank, it suspends its SOW
ereignty as to that business, and equity
can and should grant it's remedies to any
corporation or individual as against the
State, as it would to- an individual
under like circumstances. 1t is familiar
doctrine that trustee can bring an ac-
tion or suit in equity to quiet the title
to trust property, and | can see no OBJ
lection to equity extending it's remedial
arm in this instance. The incest ques-
tion about the whole matter is how can
the Federal court enforce it's mandates
against the sovereign, if the sovereign
refuses to- abide by an adverse decision.
This is a matter for the Governor; how
he will act under the circumstances,
/ can infer but will not at present say"
HOWLED BEFORE THEY WE'RE
HIT.
Lieut-Gov. Reynolds said: Il can say
that ] am against what you call govern
ment by injunction. l think the South
ern has h0wled before it was hit. 1t
is true / have not had an opportunity
to study the question, but / can and do
say without hesitation that the sover-
eighty of the State should not be in
vaded"
WILL DEFEND HIMSELF.
Attorney General Zebulon Vance Wal
ser was seen last night and asked what
he thought Of the restraining order.
= am made a defendant in the bill of
indictment}'1 believe" said Mr.. Walser.
''and as such I shall defend myself. /
have not had time to thoroughly study
the question, but / shall very likely re-
spond to the summons. A complaint has
been filed against me and / shall answer
it, and every count in ii. / have talked
with many able lawyers and in their
opinion there can be no restraining order
that will hold against the sovereignty or
Concluded on fourth page.)