The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-16
MORE GOVERNMENT BY INJUNCTION.

MIR James. an engineer OIL the South
| rrn Railway. died OF his post with his
| hand on the throttle. and Mr.. How
ard nrenun. persisted ~ his post,
With hla hnnd upon the brakes, They
lost their lives, ia ii determined effort to
save the livea or large number Of
nassenprrs, who would have hron injured
| lN a moro ,olcnt collision " james had
mas checked hia engine, 1he widows of
| these u,oN eA,p,l the rohj, and obtained
N,lsWrnta against the Western North
/ ,sl,,lNA NatuMd for damages FOR Si1
. tNN ANd xa,tsM Respectively, the Supreme
vN,NW ANtltNtne the decision Of tho low
~ v,>Nvt. The Western nMd did not
/ t>AN ,Ne judgement aNd msatcd. IN the
fAv>A vi the SNlNp,me coutt decision that
tAAk N,>sAs'AAN was NOT ia cNtStcnce,
t>,Nssy,l gag NS. iameS Rl,Nl a creditors
/ N5A R,e N>>A AAd ,N swl'olt or ccrtatn old
~say.kAdNNs~ Axky>l rov q r~N&NcN Judge
4 MtaN&F Ag~eAsv~A Noste ISSUED ~ them
I va sp2W ySA~e MN a weeiNer should not
I ~ ,ss4sa7Ay>,S ,,N tNy, tEgN, tN,01tna this,
] tNAsgAyS }N9S,> attorney NJ the southern
/. &aawA>A &ASyeAsy4 q, ERArA,&toN anu oh
eaaagA an NasNsNyNM U>,m lw)pt nj
aeaagt'A.
NseANtesss, vNaa~N,& 1>y Mrw laWrS and
Mrs aaywAs& eyNasN ~W0 against the
$aasAesA E&ttw&N, W(sne tlvc lesal The
ezN tA&s s>ssA y>easaAeS'% we've aN~wcr
AAae gy,g eNv, wveNx, AND that thear lnmg
~ y,Aagg$sVytya &aNANx wgNHe dacrS,
@s&&sa&xv< tasRGa g.e recovered against each
~ whxgv> tw0 paca assault NJ iniure
&sasASg> MIR, rr6ce had 6(ea petition
ss,g = veasaNal az eAc~e Two eyN$eS to the
Federal syaags. On, ju,lge Melver held
sh&g hy his @wu laS'h,~> In failing to move
az sAe November term fer an order farI
REMOVAL. the coWNsel for the Southern
had forfeited the right 10 have the case
removed He advised the clerk to re-
fg2Se 10 furnish rhem transcripts. Simon
ton al>o gave them an order 10 the clerk
To disregard The instruction of Judge Nc
Ivcr and send those transcripts up tol
the Federal court. Upon what meat
both this. our Caesar feed that he has
grown - great Has il come 10 this
that subordinate Federal judge can
direct a State official to iisobey the or
der of a Superior court judge: Mr..
Watson. the Rowan clerk. ought TO Suf
fer removal from Office. if necessary, he
fore submitting Ia any such dictatiOn or
usurpation by the aL-devouring Federal
Judiciary.
We do not believe that Judge McIyer
would resort 10 any stronger measures
than are necessary TO compel the pay
ment Of the judgments TO the widows |
Of the men who were killed in the service
Of the Western North Carolina railroad. |
Nobody wants TO throw obstacles in the
way of the railroads of the State, but
if any individual or corporation refuses
10 pay claims adjudgcd 20 be just, the
State courts ought 10 compel payment.
The truth is that the attorneys for
the widows of rhe unfortunate men, by
legal point that was new, prevented
the removal OF the James and the How
ard cases into the Federal court If a
citizen Of North Carolina has IL claim
against the Atlantic Coast Line, the
Seaboard Air Line, the Cape Fear and
Yadkin Valley, or any other railroad in
North Carolina. except the Southern
Railway, the case has to be tried inl
the State courts. Heretofore the South
ern Railway, being Virginia corpora
ton. has moved all ills cases TO the
Federal court The result Of this prac-
tice has been TO induce most claimants
to compromise in order TO avoid theI
long delays and great expense of iitiga-
ton. Now, under the decision of the
Supreme court, these suits can be
brought against the State corporations
instead Of the Southern Railway.
One result Of this litigation, and one
in which the public has a deep interest.
will be to compel the Southern Rail
road to become State corporation, sol
that it may be reached by the regular
processes OF our State courts as areI
all our other railroads and corporations.
This will not only work to the advan-
tage of Mrs. James, Mrs. Howard and
others who are entitled to recover under
the fellow servant act, but will put an
end 10 one branch of Federal jurisdic-
ton that works hardships to honest
litigants.
A number one cough cure. Mr.. Jas.