The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-02
THE DECISION IS
FOR SOUTH DAKOTA
The Opinion in the Suit of this State Against
North Carolina is Rendered by Justice
Brewer

as a part OF it's private assets, but rs d |
trustee for public purposes.
There is in this case mortgage of
property, ard the sale or that property |
under a foreclosure may SATISFY the |
plaintiffs claim. If that should be the re- |
suit there would be no necessity for per
sCnal Judgment against the State. Tnat |
the State is a necessary party 10 the |
foreclosure OF the mortgage was settled |
by Christian VS.. Atlantic and North Caro-
lima Railroad Company. Equity is salts
fed by decree for foreclosure ahd
sale of the mortgaged property, leaving
the question of judgment over for any
deficiency, to be determined when, if ever,
it arises And surely if, as we have
often held, this court has jurisdiction OF
an action by one State against another to
recover tract OF land, there would
seem to be no doubt of the jurisdiction
of one to render a decree for the sale
OF personal property"
The bonds were presented to South Da
kota for the aid of the State University
and with the end in view OF prevailing
upon that State to bring an original ac-
tion in the Supreme Court, which action
has now proved successful. The1e are
about $25O,OCO worth of other bonds out
standing.
In the dissenting opinion, which is a
very lengthy and exhaustive decision OF
the whole question, two reasons are as
signed for dissent from the opinion OF the
court.
1.-The absolute want of power in the
court to render q decree between the two
States on the. cause of action sued on.
2.-The want of power to render the de-
cree which is now directed to be entered,
because of the absence of essential parties
whose presence would oust jurisdiction and
the impotency to grant any relief what
ever in the absence Of such parties.
The decision of the court was the sub
ject OF much comment today on the part
of North Carolina Senators and Repre-
sentatives. Though the individual holders
cf stock lose and only the State of South
Dakota is adjudged entitled to recover, all
recognize in this an invitation for other
gifts and sales of stock to States, and
hence further litigation. The oplmon was
freely expressed, therefore, that it would
be the part of wisdom for the North Caro-
lima authorities to at once begin negotla-
tions looking to- final settlement with hold
ers of all outstanding bonds OF this sort
Though these amount to some seven hun
dred thousand dollars. it is known that
they can be compromised for much less.
Though North Carolina has in the
present Congress twelve persons elected
to represent her, there are five others
who are natives of the State, as follows:
Senator Joseph Roswell HaWley,
(Rep), of Connecticut. He was born at
Stewartsvile, Richmond county, October
81, 1896
Speaker OF the House Joseph G. Can
non, (Rep), of Illinois. He was born
at Guilford, May. Z, 1886.
Joseph Moore Dixon, (Rep0, represen-
tative at large from Montana. He was
born at Snow Camp, July 81, 1867.
Francis Emanuel Shober, (Dem), rep
resentative from the 18th New York
District He was born at Salisbury, Oc
tober "a, 1860
Representative Rice Alexander Pierce,
of Tennessee, received his law education
in North Carolina (under Judge Going
land, of Halifax, but is not native OF
the State.
All of North Carolna's S delegation of
12-two Senators and ten Representatives
are natives of the State. except Rep
resentative Edward William Pou, of the
Raleigh District. who was born at Tus-
kegee, Alabama, September 8, 1865. Two
of them were born in Rowan county
Senator Overman and Representative
Kluttz. When there is added Represen-
tative Shober, of New York, who also
claims Rowan as his native place, that
good county has three sons in the pres
ent Congress.
The United States Geological Survey,
acting in cooperation with the Depart
ment of Agriculture of the State of North
Carolina, has just published a map of
the Kenly quadrangle in that State.
Parts of Wilson, Wayne, Johnston and
Nash counties are included in the quad
rangle, which has an approximate area of
245 square miles.
The sheet is important, as it shows
the rise from the coastal plain on the
east to the Piedmont plateau. The At
lantic Coast Line Railroad, which skirts
this plateau, crosses the quadrangle
>diagonally, passing through the towns
of Lueama and Kenly. The country is
generally low and swampy, the elevation
ranging from 100 feet above sea level in
several places to 294 feet near Connor.
The soil of this region is sandy and
is adapted to the cultivation of tobacco
and cotton. Cotton has been grown here
extensively for a number of years, but
the tobacco industry, which has develop
ed very rapidly in the last few years, is
comparatively young.
The map may be procured for the sum
of cents on application to the Director
of the Geological Survey, Washington. D.