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

1 'lSlblS VI Llllo CtA TN NE~
States OF the Union are supreme and soy
ereign except as TO those powers delegat-
fed to the government Of the United States
and those powers which by the Constitu-
ton they are prohibited from exercising
ct would seem idle TO multiply author
tiles in support Of the general principles
that in all matters not delegated TO the
general government. the States are SoVer-
eign. and as said in Texas y. White
Supra, endowed with all the functions
essential to separate and independent ex-
istence.' This being so, it is proper TO
inquire into some Of the attributes :of
this sovereignty and the nature Of some
of its essential functions. This, We think.
is easily answered, 50 far as this case is
concerned, b ythe statement of the gener-
ally recognized proposition, that a state
has exclusive control OF all matters Of in
ternal regulation, including the power of
taxation, the administration OF its fiscal
affairs and the possession and manage
mcnt Of it's property and the revenues
therefrom.
These are political powers of a State.
and upon the States devolve all the
duties of the sovereign and OF separate
and Independent existence such as to
provide for the protection, health. liber-
ties and education of it's people, the sup
port Of it's charitable and other institu-
lions, and for the expenses necessary for
its general government, and we may add,
to its very existence as a political body.
considering then that a State, except
IS to powers granted to the Federal gov
eminent, is sovereign and endowed with
all the functions essential to separate and
independent existence and that it's
'bounden and solemn duty is to exercise
such essential functions, it must follow.
we think, that to it belongs the chief, if
not the chiefest attribute of sovereignty,
that is to say, its immunity from any
judicial power as to the settlement of it's
public obligations.
The State of North Carolina, for rea-
sons which appear to it to be just and
proper, has forbidden the Treasurer to
satisfy the demands of the complainant
and its allies in this suit. 1t has forbid
den that any of its property shall be 50
applied, and this it has done in the exer-
else of a discretion which is vested in
it as a political body, endowed with all
the functions essential to separate and
independent existence" For the reasons
we have advanced, and the authorities
cited, We insist that this discretion cannot
be controlled or coerced by the judicial
power of this or any other court. If no
power exists to enforce q decree, then the
court, we respectfully submit, should re-
fuse to entertain the Jurisdiction.
THE evident purpose of the amend
ment, so promptly repaired and finally
adopted, was to prohibit all suits against
a State by or for citizens of other States.
or aliens, without the consent of the
State to be sued, and, in our opinion, one
State cannot create a controversy with
another State, within the meaning of that
term as used in the judicial clauses of the
by assuming the prosecu-
ton of debts owing by the other State
to it's citizens, or, we may add, to the
citizens of other States.
Such was the language of this court in
Hampshire v. Louisiana COS u. S.,
80; and We contend that the pleadings
and the testimony in this suit bring it
within the principle thus declared. The
in the above mentioned suit at
to evade the Eleventh Amend
nent by a more open and direct course,
that is, by assigning their claims to the
State, under statutory sane
ion, for he aVoWed purpose of collec-
ion for their own benefit. Seeing that
his method would not avail them, the
,reditors in the present suit have con-
q scheme which, under the guise
a gift to the complainant State. is to
the same result. In consid-
of what may be justly called a
ee, and a small one, too, Gas it will very
probably be diminished by counsel fees
other expenses, see Act of South
Page 4D, the creditors have. in
effect, employed the complainant State to
and prosecute this suit in or
Ter that all the outstanding bonds of the
lass sued upon, and which are owned
IT controlled by Schafer Bros, NAV be
within the jurisdiction of this court
IN the ground that the holders Thereof
ire necessary parties to a decree of fore
losure. Although essentially plaintiffs
II interest, and should be arranged as
uch, they could not, under the judicial
lause OF the Constitution, be joined as
omplalnants with the complaining State:
M hence they have procured themselves
o be sued as co-defendants. If. in pur-
uance OF this arrangement, they can sue
eco IN collecting their claims. they Will
ucceed In doing precisely what Is; pro-
by the Eleventh Amendment. If
We nave established by the testi-
nony that such was the purpose of the
lit, and that this suit is instituted in
rder to carry out such purpose, then we
especially submit that it is an attempt-
q fraud upon the jurisdiction of this
curt and an evasion Of the Eleventh
1t may be that counsel will {
rSue that the complainant State has the +,
'gal title to the ten bonds sued un0n
that no matter what were the Dur- 7
oses of the assignment, the assienors +,
an not dispute such title, and therefore
ne can sue upon it. Granting all this
. De true. for the purpose of the argyll
lent so far as the assignors are con-
arned, it is equally true that she can not
Sc, or allow to be used, such legal title
5 a part of a scheme to perpetuate q
aud upon the jurisdiction and to evade
great constitutional provision" ?
Suspicious of Morgan. \