The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-06-28
(Charlotte Observer

Il u III AANA
enoe, held recently, Associate Justice
David J. Brewer, of the United States
supreme court, addressed n gather
ing on the subject Of the North caro-
lina-South Dakota bond case, paying a
handsome tribute to this state for its
patriotism n high sense of honor.
Through the kindness of a friend The
Observer is enabled to reproduce the
full text of the address and it is given
herewith. It is well worth careful
reading and is a tribute which Will
be appreciated by every patriotic
North Carolinian.
Mr. President, Mr.. Smiley: The
best laid plans of mice and men gang
aft agley." | came here, knowing L
, should have to leave tomorroW-but
selfishly if not p~rudently told no one,
thinking | could thus attend this con-
ference and enjoy the words of others
without having anything to say N.Y.
self. When it was this
morning that the business men were
to take charge this evening felt per-
fectly safe and obedient to the die
tates of %politeness told Mrs. Smiley
that | was compelled to leave in the
morning on the early train. But We
have not heard from you" said Mrs
Smiley. "Oh. | said, that makes no
difference-better without it, But
you see the outcome, and | can only
say (as man has said from the begin
ming of time) a woman is responsible
for this" (Laughter.)
do not now mean to make a speech
but when yesterday the Grand Old Man
was telling us of the early treaty nego-
tiated between this country and Fer
STA, [ recalled two facts, which per-
haps may interest you. That treaty
was negotiated with Frederick the
Great by Benjamin Franklin, and was
his last official service to his country
before returning to take part in the
Formation of the federal constitution.
And George Washington the Father
of his Country. when he saw that
treaty, wrote to Count de ROchamDeau
a letter in which he said cannot
quote the exact words but in sub
stance-that if all nations would agree
upon treaties containing it's st1pula-
tiOns, the entire relations between ma
tons would be changed
- Further, Mr.. President, when we lis
Cene;1 yesterday morning to that mag
nifcenl address, in which you pictured
the formation of an International leg
isIative body, and also the crea-
ton of an international tribunal, and
added that for an executive reliance
must for the present be had upo pub
lie opinion, with perhaps in one out OF
a. hundred cases a call upon the ma
lions to furnish a police force as Ill the
case Of the rescue of those besleged
in Pskin. | recalled a matter OF my
own experience, which illustrates the
growing power Of public opinion.
Rv the federal constitution jurisdic-
ton owe controversies between two
states is vested in the supreme court.
In the history of that court there lave
rbean several such cases, until the last
two or three years mainly those o n
corning the boundaries between states:
and the Judgment Of the court respect
ing q matter of boundary is easily en-
forced. But lately we have had case;
OF a different nature; among them one
brought by the state of South Dakota
against the state of North Carolina or
some bonds issued many years ago
under circumstances which made then
very unpopular in North Carolina. l
did compromise most of them-all bu
about $3.50 900. By a statute of tn
state it was stipulated that certain
railroad stocks owned by it Shout
stand as security for the bonds. On
who held most of the Outstandln
bonds gave to the state Of South Oa
kota a certain number Of them as a
absolute donation. Probably, althoug
it was not proved. he thought that
suit would be instituted by South De
kota in our court. that a receive
would be appointed to take possasslo
of the entire stock SO pledged. sell
and appropriate the proceeds to tt
payment of all the bonds, his own IL
cluded.
The state of South Dakota con
menced a suit in on court, settiI
forth its title TO the bonds and aske
a decree finding the amount due Their
on and directing that the stock pledge
should be sold aud that a money jud;
men should be rendered against Il
state of North Carolina for any porto
of the amount found to be due not Sd
isied by the sale Of the stock. 9th
parties came in, holding other boLd
.ad making like petitions. Now
has been repeatedly adjudicated tn
no money can be taken out of a Urea
urv, state or national, without IN q
of the legislature, and that no COT
can by mandamus or otherwise COZ
pei a legislature to pass an act
H.Vl