The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-20
FEDERAL USURPATION SOUGHT
FOR GOLD BRICK SWIND-
LERS.

Every rascal who cannot escape pun
ishment in the State courts tries to get
his case into the Federal court
Every corporation that does not want to
pay taxes or damages for it's torts tries
to get it's cases into the Federal court.
This business has come to be OF the
land office kind, and the time has come TO
call halt. There is no sense in the
practice. In no State have the usurpa-
lions and encroachments of the United
States subordinate judges gone further
than in North Carolina because we have
tamely submitted to it. In every ease
that has been regularly and properly car
ried to the United States Supreme Court
from the State Supreme Court for thirty
years, in every instance, without excep-
tion the State Supreme Court has been
sustained
But the habeas corpus issued by Judge
Purnell, whose office is the lowest grade
in the Federal judiciary, to re-
view the Supreme Court Of the
State, when by the United States
Constitution, only the highest Federal
court can reverse the States highest
court, is beyond precedent in the usurpa-
tions which have marked the Federai
judges, from Simonton down, in this State
The gold brick swindlers have been con-
yicted in State court, under State laws
and placed in the State Prison. The
States highest court has affirmed the
decision. There is no Federal question in
volved II Federal question were in
yolved, only the United States Supreme
Court can review the decision and say so.
1t is said that the counsel for these
gold brick swindlers went to Washing
ton and tried to find judge of the Su-
IRENE Court to grant a writ of error, but
could not find one who would give 1T.
They then made application to the Fed
eral Judge Of this district. 1t is to be
hoped that Judge Purnell will promptly
dismiss it. But he would have done him
self honor by refusing to interfere with
the custody Of prisoners sentenced to the
States Prison.
What these convicted swindlers want
is to give bond. and in all probability
that would be the last heard of them or
the case. 1t would then be dropped.
These swindlers have plenty of money,
have two Chicago lawyers, as we'll as able
counsel here, and would pay any rea-
sonable sum to get loose. All they want
is to escape punishment.
I'm the corrupted channels of this life,
Offences gilded hand doth oft shove by
Justice;
Plate sin IN gold and it is armor proof,
Clothe it an rags and straw doth
pierce it.
If a subordinate Federal judge can re-
lease a prisoner on bond, he can on his
personal recognizance If he can say
the decision of the State Supreme court
is not warrant to hold these men. he can
reverse their action in any case.
No power can touch the prisoners held
by authority of the State court, convicted
for violation of a State statute. The
Federal Supreme court alone car say
there is error in our highest court.
The allegation that the State Supreme
court did not pass upon every point is
not correct for the judgment "No err
ror' passes upon every point, whether
the court saw fit to discuss them or not.
But even if this were error, judge of
a United States District court cannot
say that the State Supreme court COM
mit.ed il.
if the gold brick swindlers are permit
TED by Judge Purnell to escape punish
such usurpation should be sus-
last vestige of State sover
eighty and local self government is at
an end, and we are at the mercy of Fed
eral judges, most of whom have been
appointed by corporation influences.