The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-11-26

for interfering with the State courts in
their Judgment. Speaking on this point,
Judge Avery said:
~ final Judgment is one which de-
termines the right of the parties in the
suit or distinct and definite branch Of
it and reserves no further question or
direction for future determination, eX
cept such as may be necessary to carry
it into effect. But judgment may be
final though il does not determine the
rights of the parties of it and the par
ticular suit \ decree is final. though
orders may he necessary still to carry
il out"
Justice Furches-''It seems to me we
have no more power to review Judge
Simonton than he has to review us. The
only thing we can do is to say what we
think the law is: whether his oninion
is law or not is Il question now pending
in a higher court The question in my
mind is us to whether this case is really
before us or not. It's not here on APP
peal or an application to rehear The
case. it seems to me, has left this jul
risdiction and is just the same as if it
had never come here. And to come
here again it must come here by appeal
OF Oh HplllicdlIou iOT Il IPUtHElllS
Judge Avery-"While YOU have no
power to review Judge Simonton, GER
tainly he has none to review you. His
action i'll attempting TO do so was n
wanton-'
Justice Furches-'EXcuse me, Judge,
but | don't like that word We cannot
sit here and listen to criticisms on the
personnel of other courts"
r. II
ton. sir But | must say you are far
more courteous to that court than it is
to YOU
but we are bound by our own ideas of
propriety and we cannot violate them,
whatever other courts may do
Judge : Avery-"My friend. Captain
Price. would have you believe there is
no conflict here between the State and
Federal courts There is. You order an
agent to do n thing--for an inferior
court 10 whom You remand case is
simply your agent; somebody else tclls
the agent not to do it and threatens to
conflict of authority? Can you not. in
such u case. compel the agent to exc
cute the order or execute it yourself?
court to execute a Judgment. Judge
Simonton orders it not to do so. Here
is the conflict
If any judge of Federal court can
come along and obstruct the proceedings
of this court, then is the power of this
court at an end
The theory of the law is that its
courts stand for the weak against the
strong. justice against injustice. Here
is a woman contending for her rights
against one of the most gigantic corpo-
rations in this country-a woman whose
husband fell in the service of this cor
poration. If this court can't exercise its
powers of independence in this case
then truly it is time when the power
of the judiciary is exhausted. Then peo
pie who have grievances against the
corporation and grievances which they
prosecute in the manner this court pre-
scrihes, have nowhere TO look.
This step is not taken to air the
usurpation of Federal courts, but it is
taken in good faith. This court can't
close its eyes to the fact that the con
tention of the other side is Il denial Of
plain simple justice-a denial of a claim
that this court has pronounced just
Inc proud boast Of the English law is
that there's not a wrong but that there's
remedy Here is certainly wrong"
Justice Douglas-"We can't proceed
against another court. We can only
proceed against this defendant. What
do You ask us to do?''
Judge Avery-"lssue execution direct
and put it in tile hands of your own
marshal, and enjoin the Western North
Carolina Railroad from further proceed
ing or interfering with the execution of
the judgment of this court. We want
to force this case in its right channels
Had they issued writ of error we
would never have said a word
In his reply Capt. Price read Judge
Avery a lecture on Accuracy" and de-
fenced Judge Simonton. He was sur
prised at the criticisms of Judge Avery,
as he and Judge Simonton belonged to
the same constitutional school. both be-
lioving in States rights.
Coming back TO the question at issue,
Capt, Price renewed his contention that
there being no Judgment before the-I
court there could be no obstruction of it
and no motion based on it,
The court reserved it's opinion. It'll
will hardly be handed down before next
Tuesday.
Solomon when arrayed in all his glory