The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1907-07-26
THE NORM C4Ro1IxA MUss.

self in the State of North Carolina as |
a consequence of conflict between |
State and Federal authority is deeply !
deplored by all who realize its signif-
canoe. Unless it is met promptly and |
carried to the Supreme Court of the
United States for final settlement we
are likely to be treated to similar doses |
of governmental strenuosity.
The facts put in plain language are
these: If we should undertake to give |
them in language fit for the trained |
ears of the court we should make our
selves misunderstood of the plain peo-
pie from the hills and the sturdy ones
in the valleys. The legislature of
North Carolina has enacted law reg
ulating the rate to be charged per mile
for patrons of the Southern Railroad
company. The company refused to
comply on the ground that the act is
unconstitutional. Prosecution was be-
gun in the State courts and the COM
pany was found guilty of violating the
law, two of its officers being sentenced
to terms in the States prison. An APP
peal was taken to the United States
Circuit court, Judge Pritchard presid-
ing. There after reasoning not strict
lly legal in its grasp of the situation
but ultra philosophical Judge Prtchard
found the law unconstitutional and
gave the arrested officials of the COM
Ipany their freedom. Governor Glenn
refuses to accept the finding of the
Federal court and insists that the rail-
road company enforce the rate law as
passed by the General Assembly of the
State. President Roosevelt has UNI
dertaken to perfect a compromise by
means of which the case may be talk
en- as soon as possible to the highest
court in the land but it has been a
difficult undertaking in view of Cover
nor CLIENTS belief that a more orderly
way Of reaching that court is by a
process which does not wipe the State
of North Carolina from the map.
The impression which the layman re-
ceives from an alteration of this
character is not pleasant one and he
finds 1t difficult to reconcile it with
that standard of dignity which should
pertain everywhere in matters which
relate to the dispensation of justice. 1t
is not in the order of things that courts
shall always agree, but it is in the order
Of things that they shall express their
differences of opinion in manner not
to shock the public and bring courts
of justice into contempt. Whether
Governor Glenn is justified in thus
forcing the issue of the supremacy OF
the State will be decided sooner or
later but it is nevertheless unfortunate
for all concerned that the question
of States rights should have
been raised in this way. It savors toe
strongly of the determination of the
: federal administration to force Its pow.
err over the States in every possible
manner, and recalls Secretary Of State
Roots remark at the New England din
ner in New York last winter that it is
,,o ~ Ana c+a+ae ~ datorp,iy,a 1ul,o ~, 4,
they are to surrender their self-controI
or not,
An unfortunate phase of this North
Carolina case involves the legal learn.
ing Of the Judge. His was a striking
Illustration of leap from the politica
) ring to the bench, and it is impossible
} not to feel that in taking the attitude
| he did he was doing all in his power
/ to advance the cause of a more cen,
/ tralized federal government The whole
} trouble with this movement to set asid,
: the sovereignty Of the State in favor
: Of the national government is that i
} has proceeded in an arbitrary and dis
orderly manner; it has had back of i
! a too masterful ambition to run things
} It is not a wonder that at last strug
| gle has come between the two. TIL,
real relief will come when the Suprem,
5 court gets the quarrel before it. Ther
> we shall know where we are.