The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-04-21
We WILL WIN
THE BOND SUIT
Attorney General GiImer
Tells of the Great Case.
THE COURT IMPRESSED
The Presentation Of the Facts as TO How South
Dakotascquired the Bonds seemedto Inter
EST the Judges Mlre Than Any
thing Else.

terday morning from Washington, where,
with other counsel, he appeared for North
Carolina in the South Dakota bond suit.
a News and Observer reporter asked
him yesterday to talk about the situation,
to tell how it appeared to him, and this
is what he said:
The extracts from the briefs for the
State OF North Carolina printed in the
News and Observer show our position in
the matter.
the oral argument before the court fully
developed the facts relied upon by US
10 show that the assignment OF the ten
bonds to South Dakota, and upon which
she sues, was a contrivance to create in
her favor q fictitious ground of Federal
jurisdiction.
EARLY in The argument the
court seemed to be impressed with the
Importance Of the case and extended the
time usually allowed for oral argument.
] can say that North Cardinals c~Cnten-
items were well presented. Mr.. Rcur-
tree and Judge Shepherd made splendid
arguments covering every phase OF the
question. The presentation of the facts,
particularly those showing that the don
ors Of the ten bonds assigned to South
Dakota "etained an interest in the mat
ter, and therefore concerned in the de-
termination of the questions involved
and parties to the suit did not seem to
create in the mind of the court an i'm
preston favorable to the jurisdiction.
q have no hesitation in saying that l am
profoundly convinced that the Supreme
Court OF the United States Will not lay
down the doctrine that one State of this
Union can acquire title to the bonds of
another in the manner that South Da-
kota has done, and use the legal title
thus acquired as a vehicle for the pur-
poses of acquiring a standing in the
court.
Il had an opportunity of examining
the outlines Of Judge Merrimon's argu-
ment, and had further discussion been
deemed necessary, his speech would have
been a powerful presentation OF our con-
tentionS."
To the lay mind of the reporter, the
above observations seem to justify him in
saying, we will win"
Judging from reports that have reached
here from Washington, it appears that
the argument of counse for North Caro-
lima, made a strong impression upon the
minds OF the court, to the effect that
the suit by South Dakota upon the bonds
assigned to her cannot be maintained.
1t was questioned by counsel whether
in any case a suit can be brought by
one State against another on its bonds.
1t would seem from the evidence adduced
by the State Of North Carolina that the
bonds in question were assigned to the
State OF South Dakota in order that a
suit might be brought which would in
some way insure to the benefit of the in
.-T-- Ill
the manner in which the suit has been
constituted in the Supreme Court of the
United States, that counsel for the State
OF South Dakota cannot be heard to say
that she has no connection with the pri-
yate bond-holders. She paid nothing for
the bonds and took them with notice
that the Federal Constitution did not au-
thorize a State to bring a suit against
another State for the purpose of forcing
in the courts of the country the payment
of her obligations by judicial process.
1t would be a long step away from
the idea which seemed to have been in
the minds of the trainers of our Federal
Constitution relating to the grant of
judicial power for the Supreme Court of
the United States to maintain in the ex-
crcise Of it's original jurisdiction a suit
of the character of the one under con-
sideration. Such a departure would be
fIausht with tremendous consequences
to the States of the Union. 1t would
open the door f Federal jurisdiction to
cases never dreamed of by the promoters
OF the Constitution.
The supreme Court of the United States
hasnot yet in any case definitely defined
what classes Of cases are embraced un-
der the term controversies" They have
1rft 10 ;.a 6 49, .--4:- i
depend very largely upon the facts OF
each particular case as it may be pre-
scented.
1t was earnestly insisted by counsel for
the State Of North Carolina that the evil
dtnce in this case shows that the scheme
Of donating to the State of South Dakota
ten of the bonds of North Carolina was
devised and carried into execution by
counsel representing the private bond
holders, and that inaSmuch as the State
OF South Dakota acquired the bonds in
this manner and in furtherance of this
scheme, without having paid any consiG-
Grafton for them. that these facts DO not
establish for her any just claim for rec
ignition in the courts of justice. The en-
tire transaction bears upon it's face in
disputable evidence that it is a created
controversy for the purpose of acquiring
jurisdiction of the courts.
A W~ell-known lawyer of this city said
last night, in talking about the case:
"A great deal of credit is due to At
to1ney-General GiImer for the position he
has maintained all along. tina a stron2
argument on the facts of the case should
be brought out, and it was this argument
on the facts, made by Judge Shepherd
which seemed to make a favorable
chaGSes OF attitude on the part Of The
court"
Four for the Pen