The Caucasian. (Clinton, N.C.) 188?-1913, 1898-06-09
USuRfAIIo1s Of the FEDERAL JUDICIARY N Tvf uTfpfsT
Of Tue MONEY POWER.


w irssa. thai shs pr,re pad VAs
nAErssily sssas "a ssis shss sahss An
eessseisos eth The fact tAst tke
sonsesre ksilsay Geo pAsy. v.tA a.
thossssds Of 1slss es rSllr~aA asl
ifs eusdr~ts .s mtllsons ef ,sve.s.
osnfs and s~earits.s. sas sk~o, rselv
dspsadest ser he osr sassssss, 49,
shis North Carohsa raalsusA. II,
sale vas secretly ssde. AsexAes
raairoad sysssn oeervd 20 rasss sss
PFC, any per s~ss. TIE ssstAsss
ha,irosd Company rssAsa isie the
rsderal Courts. demanded % isysss-
taoe against the Stat. Co psehsesa /,
iron asserting rs f,s hts ~ the Ssase
courts and decree IN qsiiy acirs-
ine the validity Of the sale.
Courts Of 81 atty vill never ertsr-
tain . complaint snisss a appsars
teat NO sdsq cate rsnesy can 6s Civ
"a BY the lao courts. rh.s primer
pie OF equity lurisprsdsscs sas af.
nrosd. assesssd and prosiai med ,s
Eneland By Hale and Hardsiek, ey
Erskine. Eldon. and Mansa ssd
oy al the great lawyers and ehanesi.
loss Who preceded and sacossdsd
them, and IN Aneries by Story asd
John Marshall and their asso~.stss.
and by all their sueoessors up On the
organization OF the impsndiae lsdi-
eiai and political conspiracy sor the
suevers'on Of popular govern mss,
and Tor the eonvers,on of this repub-
iie into q consolidated tlutoerst,e
absolutism. Equity courts ovs their
very existence 10 the fac, that cas>s
arose where the common Lao eoarts.
by reason O. the Limitations upon
their processes. could not give rsl,sf.
Thousands Of suitors through the cen
turies an equity courts have been
driven from their doors and told 90
go and get their relis&ss the statutory
or common Lac courts. This princi
pie IN equity has been consisssuiiy
and uniformly applied 10 ordinary
controversies between man and man.
10 this North Carolina case, this
great railway syndicate had .beir
remedy IN the la~ couris-a remedy
Sufficient. adequate, and eomplsse.
Every allegation made against the
State or its agents. could have been
set up by way of defence IN the
threatened action winch the Con
plainant sought 10 epjoin. But thls
vas no ordinary case. Shyiock and
Aammon vere the plaintiff. The
Taxpayers OF North Carolina. robbed
OF their property we're the dsfend-
ants. To plundsr the ous and legal
izs their spoliation by the other, the
rock-ribbed principles Of equity ju-
risprudsnce must be pndope. TIE
State itself by wicked and sanisu
force must be brought no for jude-
! ment before these federal proconsuls.
Its sovereignty must bs dsspissd. Its
rights. reserved 90 IL by the FEDERAL
Constitution, must be denied. The
power Of every little federal judge
TO snnihilate il must be assumed and
asserted. And this too is the State
the one Of the original thirtess-
which refused 10 ratify the Unin a
States Constitution until it had ss-
surance Of the adoption of the Tsuih
Amendment: The powers not dele
gated TO the United States by this
Constitution, nor prohibited By il 10
the States, Are reserved 20 the Stasss
respectively, or 10 the people
The State Of Tennessee ssta blishsd
BY its Law board Of asssssors for
the purpose Of ascertainipR and 6x.
ing tie valuations of railroad prop
critics. Nobody ever questioned the
power Of the State 10 do this, uut,l
the recent and present conspiracy 70
annihilate the States By the usurpa-
ton OF federal judges. The Ten
nessee asssssors fixed their appraiss-
ments aceoi ding 10 the market vslue
Of the stocks and bonds Of the rail.
road corporations. In substance they
fixed the value Of railroads according
to income producing or net earning
power. This is the rule which ~
universally applied N fixing the
TAXABLE valuations Of fields and for
ests. Of mines and mills, and of the
property Of ordinary persons. Bat
in this federal forum the laws which
govern the common people have NO
application TO the corporation ma
bobs. So in went the non -rssident
holders Of these railroad bonds 70 q
federal judge for an ipjanction
lagainst the State Of Tspussses TO re-
strain il from exsrcisisg its sovss
eign power Of TAXATION. And On
went his Injunction, vhicn vacated
the assessments OF the State aod vir
tually substituted such - we're agree
able 10 the views Of the eorporatiop
jud9e sitting on the federal bench.
He obtains has jurisdiction By res
son Of the diversity Of the eff z snship
Of the parties. Bot suppoas an isdi.
vidual nonresident owner of q bouss
or horse had gone TO this eou,t fos
IN Injunction 70 stop the local ofieers
from enforcing 90 assessment si iIsesd
to b excessive. He would have boeu
told that hs mast look for his rso1dy !
70 the revenue laws Of Tsnpesses
that tases Statutes had provided th1
form and manner and procedure ol
assessing property and for the cor
rection OF abuses resultisg froa nm
lawful Assessments, and that IN III
absence OF illegal action by the -
SCISSORS, they eoald not b istsrfsrei
vith because Of excessive valaatiors
They are the Jury established by lau
With power 70 6x valuatiou. IL the,
sbsse this power BY making an ex
cessive assessment, there 10 no rso
. sdy. Whyi Because it 10 bsttsr tha
this power should reside in . jar,
than in the one nan sitting O
judge. But when the Donsy kine
come into eoart, there sits on th,
bench . pTsuee Of the blood, exsreia
ing preroGstivss that are eognass "a
. IL they are not sabstaatially the ssD
- the dispensing power which va
' claimed by the house Of Stuart, a.
Which brought one Of then 70 u
2 block.
i This Tennessee ease 10 sntitlsd 3
: eDdarin9 rspovn bseaass Of il saua
i siation Of the doctEiss that railroaA
\ shall nof hn taxnA unon sh~sv tr~