The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-04-14
GREAT BIG QUESTION
Shall a State Control It's Uwn
Finances.
The South Dakota Bond Suit Involves j Ques'
ton Almost as Great as That OF
Secession.

Tho south Dakota bond suit against the
state of North Carolina. which viii be
heard in the Supreme Court Of The Jnited
states at Washington tomorrow, Is one
of the most important cases that has ever
been tried before even that court, and one
OF the most far-reaching IN IL possio'e
results.
4 tremendous question Is at stake per
l1ap5 as D!s a enc, ~ a Well known law
lyer Of this city said yesterday, as the
question of the right Of secession Itself.
The case is important in the first
place, said the same attorney, from the
~standpoint OF constitutional law in the
United states, and in this respect. should
the case be decided against North Caro-
lima. it would go a long way toward d.
minishing the solvent capacity OF the
States.
one of the powers not delegated TO the
General Government was the control Of
a states finances.
This suit aims TO take away from the
State the power to control absolutely its
own financial affairs, and should it be de-
cided adversely for North Carolina. It
would be one more break in the walls Of
states Rights and individuality.
IF is not understood, he continued,
in what way process could be issued
against the State, and even though the
case be decided against the state, It can
not be conceived what process could Is
sue and who could issue it
The same lawyer spoke of that case
in which the State of New York sued the
State of Louisiana for the value. OF
bonds. In that case certain parties who
held Louisiana bonds got the State of
New York to sue for their benefit. They
failed, the Supreme Court holding that
that was merely a way Of doing by indi-
@rection what they could not do directly,
that is, an individual sue a State.
The question will probably come UP
as one of the main issues whether
South Dakota gou the bonds of North
Carolina in a BONA ide way, or whether
it was not a put up job, just as in the
New York case.
Shaffer Brothers, of New York, who
owned a number of North Carolina rail
road bonds OF the issue of 1855, and who
claimed that they were not bound
by the compromise effected in 1879, sue
ceeded in getting an act passed by the
South Dakota Legislature requiring the
State to collect by suit or otherwise all
gifts to the State or the State Univer-
sly.
Then they made a gift Of $1,000 in these
bonds to the University of South Da-
kota, and according to the law passed the
State commenced suit, making Shaffer
Brothers., who still hold the bulk Of their
bonds, defendants, so that the remaining
bonds in their hands will be adjudicated
along with those given to the University.
The decision of the United States Su-
prone Court is awaited with all the more
Southern States are in much the same
situation regarding some of their bond
issues as is North Carolina. For, on
account of the extreme poverty following
the Civil War, many States were obliged
; to compromise their Indebtedness Just as
North Carolina did.
If this case should be decided against
North Carolina, more suits Will come
from nc one knows where, brought by
State after State against State after
State, and there is no telling what the
end would be.
Besides Acknowledgements Cline there
will appear for the State tomorrow Judge
James f. Shepherd, of this city; Judge
James H. Merrimon, of Ashevillc. and
lion. George Rountrec, of Wilmington.
Against the State Will be ex-Goycrnor
Daniel L. Russell, of Wilmington.
wheeler II. Pcckham, of New York, and
ex-senator Marion Butler, of Nortl
Carolina.