The times. [volume] (Richmond, Va.) 1890-1903, 1897-07-15
NOW HAVE rHE MIGHTY FALLEN

ment as that when We ncielh s"bb'Se
that will give a sharp impetus TO business.
---------
now HAVE THE MIGHTY FALLEN
We have several tines eferred TO the
effort which the State OF North Carolina
is making TO upset the lease Of the North
Carolina Road TO the Southern Halfway
Company. We reviewe the case at
length several days ago, giving synop-
sis of Judge Slmontons opinion recently
handed down. in which lie took the
ground that when a State becomes
stockhoider in private corporation, 1t
valves its constitutional prerogatve. and
must be dealt with as an individual ste OK
holder But the charge has been made
by the state officials that the lease OF
the Norta Carolina Road was accom-
plished through fraud and Judge Simon
ton appointed the Hon. Kerr Craig, of
salisbury, as master, and then cited the
North Carolina authorities to appear be-
fore him ana give testimony showing
fraud. if they were able 10 DO 50.
Governor Russell ana the Attorney
General. who represent the state in TINS
matter must now come to the book and
put up or shut UP. The directors Of the
North Carolina Road are all honorable
men. and it Is not believed that the Gov
ernor Will be able 10 show a scintila or
evidence 10 establish his plea that they
were parties 10 the fraud which ne al
ieges. lie is now much eXasperated with
Judge Simonton, who has compelled him
10 produce evidence, and has recently
used language ia Connection with this case
that has Disguised his own people. He
was asked the other day if the case would
be dropped. provided the examination of
MIR Craig resulted favorably to the
Southern Railways contention that there
was no fraud. and replied:
Oh. everybody knows that he. like 81
monitor, will decide in favor of the money
kings. The people have no confidence in
the United States Courts. whose Judges
stand in with the railroad kings, bank
barons and money princes. with now and
then an exception, such as Harlan and
few Others; but they are getting mighty
scarce.
Judge SimontOns argument in this
lease case would be plausible II 1t came
from a Federalst. but coming from
South Carolina jurist. who in all proba-
bilitv got his prominence and his office
by shouting for States rights. ii Is really
laughable and at the same time contemp-
tible. OF course. everybody is now about
understanding that there are no such
things as State rights or private rights,
either, as against the encrOachments, the
aggressions and the insolence of corporal
ed power That railroad Judges should
hold i'm favor of railroad nabobs, is to be
expected.
These patrician Judges think they are
in Tor life. and with royal emoluments.
Let them remember that Jefferson jumped
on tne life Judges appointed by John
Adams and flung them into the ditch.
II the plebcian and middle-classes get
control of this country IN 1900. they may
take these capitalists and corporation
Judges-the whole outfit. from Shiras
down to Simonton-and chuck them into
the manure pile. fitting sepuchrel
North Carolina is a grand old State,
and her Governors have stood among the
first statesmen of the land. 1t is a sad
commentary on the politics of the day
that Populism should have placed in her
executive chair, which has been so proud
Nv occupied by Graham, and Bragg, and
Vance a man who has so little respect
for the dignity of his position as 10 in
dulge in the language of a fish woman.
We are not surprised that the people of
North Carolina should be ashamed of
their Governor. There is no question of
politics in this contention. The whole
question involved is as TO whether OF not
the State of North Carolina, in good faith
and without fraud. leased the North
Carolina Road TO the Southern Railway
Company. 1t can be shown that the
lease was fraudulenuy obtained, then it
will without doubt be annuled by the
courts. Judge Smonton has now given
the North Carolina authorities opportunity
to show the fraud which they allege, and
the language which Governor Russell
uses. which were objectionable under
any circumstances from a man in his pos
ition. is absolutely without the pretence
of excuse IN the case in point.
But how could we expect better things.
Populism has dominated North Carolina
for the past several years. and wherever
you find Populism rampant. there you
ind also blight and Generalization.