The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-19
WHY THEY WANTED RUSSELL
FOR CHIEF JUSTICE.

The South Dakota case Is the aDOrllNe |
ending of a well-planned scheme. 1t be- |
gan some years ago. Men who held high |
office both in the State and in the rail- |
road world and some lawyers who play |
toady to big officials, were the parties |
to it, The Constitution OF both the |
United States and North Carolina for |
babe that the State should be sued. :
mandamus against the State Treasurer
would only lie when the law directed him
to pay a claim. In the matter of the
bonds now in suit in the Dakota case and
in the special tax bonds there had been
authority of law to issue them and to
levy taxes to pay them. The only OBJ
stacle to getting a mandamus to the Au-
ditor to levy the tax and then to the
Treasurer to pay over was that sub
cqucnt statute had prohibited the levy
Of taxes for payment Of principal or i'll
terest. A precedent was needed that the
courts would treat the repeating act as
nullity In old Offie Whites matter the
Supreme court, by a strictly partisan de-
csion had decided that the statute abol-
ishing his office was null. The court was
then adrotly asked to be logical and de-
cree that the subsequent statute repeal
ing his salary and directing the Treasur-
er not to pay him was nullity. The case
was not really defended. the nominal
attorneys ''riding for a fall" The court
fell into the trap and by the same par
tisan majority issued it's mandamus TO
the public Treasurer to pay Offie WIZ
notwithstanding the Legislature had for
hidden payment. The precedent was
thus set. Similar proceedings were ready
for mandamus to compel the Auditor to
levy taxes and Treasurer to pay the spe
ciaI tax bonds and these bonds now in
the South Dakota suit. The idea was
foreshadowed in articles in the Raleigh
Post thus: 1t was to bring the suit and
then offer to compromise literally by
taking new bonds for the principal, FOR
giving the interest" The Post was harp
ing on the liberality of bondholders and
denouncing population" Special tax
bonds by the hundred thousand changed
hands in New York. They went up from
less than one cent on the dollar to three
cents. Just then Judge Faircloth died.
A reliable man must take his place.
Russell was the ideal. He was in truth
in the deal The Post Doomed" his vir-
tues, his graces, his judicial temperament
This failed Then the Impeachment de- |
stroyed the precedent" Though the ne |
cessary two-thirds did not convict the /
Judges. majority of the Legislature ard
the overwhelming voice of the people said
guilty" The judges, excused, not ac- |
Quilted" could not thereafter have been |
hauled up by a cable and windlass to :e-
peat the precedent by issuing another /
mandamus to the Treasurer and Auditor
to do anything the Legislature had told
them not to do.
The conspiracy to loot the State Treas
ury had been smashed by the Impeach-
ment trial Then $4,000 of bonds were
given to South Dakota. Then tom-toms |
were beaten and the Post advocated COM
promise. 1t failed. The argument camc |
on and it was demonstrated that the |
whole proceeding was a "cold bluff. The
counsel for South Dakota admitted that
if she won, this State would only have
to pay the $4,000. The private holders
Ind ba Gtnfn
In the Swazey suit, subordinate
Federal Judge gave a judgment against
the State. If the case had been carried
to the United States Supreme Court at
Washington it would have been set a
for there was no jurisdiction against the
State. But compromise" was had in
stead and the State lost many millions
thereby.
In the injunction in favor of the North
Carolina Railroad lease, Simonton grossly
usurped Jurisdiction which would have
been exposed and set aside on appeal to
the United States Supreme Court, but
Russell Of course compromised" to the
States eternal loss.
Russell, Butler G. Co. counted on this
record for Compromising" and their
precedent" in the State court having
been ruined by the Impeachment pro-
ceedings, they started this South Dakota
case as a cold bluff to procure another
compromise" 1t has failed.
The Post is exceedingly sorrowful. The
Special Tax Bond ring with it's high
railroad officials, subsidized newspaper,
and their legal toadies have not made
the million or so they expected
SILLY CHAPLAINS.