The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-04-21

State, then indeed the Eleventh Amend
ment becomes a dead letter-is a ridicul-
Gus mouse from the labor Of the noun
tain. individuals can compel the pay
ment of their debts by threat of assign
ment, or as here. enforce payment ty
giving a complaisant State a substantial
commission fer collection,
That the purpose Of the Assignor was
to have this suit brought IS made per
fectly clear by the testimony, as | will
presently attempt to show, indeed il is
sufficiently disclosed in the very letter
enclosing the bonds when the dopation
was made. After saying that he had
consulted the other holders Of these bonds
and decided to make the gift, Simon
Schafer, in his letter to Mr.. Burke. says:
The holders Of these bonds have
been advised that they cannot main
ain q suit against the State Of
North Carolina on these bonds. but
that such a suit can be maintained
by a foreign State or one of the
United States.'
If this suit had been included within
the terms of the original Constitution it
is forbidden by the Eleventh Amend
ment.
The Bill shows that the effect Of a sue
cessful prosecution Of this suit is to
collect mortgage bonds due to the Com
plainant, the State of South Dakota,
AND TO THE INDIVIDUAL HOLDERS
Of all similar bonds; and, we think the
Bill. Answer of the representative OF
the individual bondho1ders, and Proofs
show that the suit is by, or on behalf of
notwithstanding the name of the Com
plainant State and PAYING HER a
FEE IN BONDS-to collect the bonds re
tanned by them. In either event the suit
is forbidden by the Eleventh Amend
ment.
First as TO the Bill:
Paragraphs III and V allege the own
! ership by the State Of North Carolina OF
80, 900 shares Of stock in the North Caro-
lima Railroad Company of the par value
of So. 600, 600, and the execution Of a
statutory second mortgage upon such an
amount OF the States stock as should
equal the par Of the bonds issued under
the act mentioned for the security Of
the bonds held BY your orator AND OF
ALL OTHER BONDS OF THE SAME
ISSUE" Paragraph XII alleges that
complainant is entitled to pay off the
first mortgage bonds, OF for q sale OF so
many shares thereof as may be required
to pay off and discharge the IRIS MD
SECOND NEUTRALITY-SUSPICIOUS. XIII
alleges that tho rights Of complainant
cannot be fully administered without the
presence before the court of the holders
Of the second mortgage bonds, the mat
tiers to be herein determined being Of in
| terest general and common to all Of said
bondholders, and. as they are very nun
erous, Charles Salter is made a party as
representative OF the class,-and the
Prayer of the Bill asks that the number
op1 oD9Olln+c Of tho fret and second
mortgage bonds be ascertained and that
a sufficient number Of the shares OF the
States stock be sold to paw OFF and his
charge all the FIRST y SECOND
MORTGAGE BONDS OUTSTANDINGt
Charles Salter, the representative Of
the individual holders. is not joined as
accompaniment, but is made defendant;
however, there is no allegation that he
declined to join plaintiff and his Answer
! and the Brief of his counsel show that
he is not anxious to join in the relief.
1t is manifest that, if we are TO look
at things and not at names. at substance
and not at forms. this suit presents a
controversy between the holders Of all
second mortgage bonds, including South
Dakota and Charles Salter, representing
individual bondholders, as complainaLts
against the State Of North Carolina and
Simon Rothschild as defendant.
Under the judiciary Acts conferriag
jurisdiction upon the Circuit Courts Of
the United States "of all suits :
in which there shall be a CONTROVERSY
between citizens Of different States
the court, in order to ascertain Whethe.
It has Observation-Disclosures the CON
TROVERSY is between citizens OF dlf-
ferent States-rearTanges the parties ac-
cording to their real interest in the con
troversy. So, when the Constitution con
fers the limited and exceptional jurisdIc-
ton upon this court Of controversies be
tween two or more States, the court
ought to look beyond the forms used bY
the pleader to the facts, in order 10 As
certain between whom the controversy
really exists, ard if necessary, TearraLge
the parties.
= 1t is, however. not necessary to rear
range the parties in order to show that