The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-27
THE STATE ADMINISTRATIONS
POSITION.

The business of government is wisely
divided into three coordinate branches
the legislative, executive and judicial AS
long as they are separate, each perform
ing its own function, government is apt
to be administered as designed by the
trainers of the Constitution. When one
branch of the government demands to
exercise the powers of the other. then
there will always follow evil results in the
wake of such usurpaton.
The management of the A. and N. C.
R. r.. so far as the States interest is
concerned, is in the control of the execu-
tive. Some weeks ago two conspirators,
without having invested a single cent in
the stock of the company. obtained an
order of a confiding and credulous and
accommodating Federal Judge throwing
the road into the hands of receiver, and
naming as receiver one of the con-
spirators. That was for the judicial
branch of the Federal government to
entrench upon the prerogative of the ex-
eCulINe. IHeIeupoI, Wncii III Po7'N'7io
| OF evidence establishing conspiracy, the
executive department through the Attor-
| ney General asked of the head or the
State judiciary bench warrant for the
arrest of the two men charged with con-
spiracy The warrant was issued, one
| was arrested and bound over to court
promptly, and later the second returned
for trial, and he. too. was bound over,
probable cause being shown
Having, by reason of these proceedings,
secured the return of the property COM
mitted to the control of the executive, the
duty of the prosecution of these men in
the regular courts is not an executive
but judicial duty. The executive might
employ counsel to assist the regular pros
ecuting attorney, or the Attorney Gen
eral might associate himself with the
prosecution, but unless there was some
danger to the States property Or its
rights necessary to maintain, ought the
State Executive or Attorney General to
go into the Superior Court and bring to
bear the power of the whole Common
Wake county? The day the conspira-
tors surrendered their claim to control
| the a. and N. G.. r. R.. that very day
| the Governor and the Attorney General
had accomplished the purpose for which
| they had caused the arrest of the conspira-
tors. With a frankness that is character
| istic, Governor Aycock and Attorney
General Gilmer when told by an attorney
for the conspirators that his clients had
no case and were ready to surrender,
stated that the State of North Carolina
had accomplished all that it had set out
to accomplish, that it was not blood
thirsty, and that. so far as they were
concerned, they did not intend to go into
the courts to criminally prosecute the
man bound over to the Superior Court.
| That statement was made to Judge Rob-
nson frankly and without condition or
agreement, as the testimony of Governor
Aycock, published elsewhere. shows. In
deed, the Governor expressly stated that
he had no power to make any agreement
that would bind the judicial department
| of government, and if he had such power,
he would not make any such agreement.
The public will approve the spirit
| shown by the Governor and Attorney
General. The spectacle of these incum-
bents bringing to bear the whole power.
of the State administration to convict two
men who had surrendered. would be one
see The public will feel disposed how
ever, to criticise both officials for speak
ing frankly and freely with a con-
spiracy attorney who has misinterpreted
their views and their conversation,
and conveyed the impression that, as the
result of dcker, they had agreed that
the consoirators should not be punished.
These gentlemen could neither of them
make such an agreement without assum
ing powers they could not exercise
and the testimony of Governor Aycock
AttolHey GeHefal Gllmcr, MI. Illicit anC
| Mr.. Munroe will be found to be in har-
mony, and it stands opposed by the
| recollection of only Judge Robinson,
| and he is not as clear on the wit
ness stand as the friends of the conspi,
ratcrs, who pretend to quote hln,. ere
when talking on the street.
| There will no doubt be good men who
will feel that, in view of the great wrong
sought to be accomplished by the con
spirators, the Governor of the State
would have been fully warranted in
bringing to bear the whole power of the
State administration to secure their convic-
| ton. But, upon reflection, most of these
men will see that the course pursued
| (barring permitting a conspiracy attorney
to incorrectly state their position) is the
dignifed and proper course for the State
administration to pursue. These two men