The semi-weekly messenger., 1907-12-10
THE GOVERNORS pREDIC.AMENT

not think has been laid before the
people with sufficient clearness, and
which We will here try TO explain
in the crude way OF one not versed
in the intricacies of the law. Our read
ers will please understand that Our
remarks are in reference 10 the suit
by the Southern railroad against the
corporation commission and the attor-
ney general to prevent the enforcement
of the act of the last session OF the
legislature reducing passenger fares 20
two and quarter cents per mile. Our
readers will remember that one OF the
contentious of the defendants in that
suit and the one on which they chiefly
rely is the position of the federal
amendment thereto, which prohibits
the bringing of a suit in the federal
court by a citizen of one state against
another state.
The governor and his numerous
counsel relied on that clause in the
| federal constitution to block the suit
| of the plaintiff.
But, then, there is such a thing as
a party to a suit waving his right by
his conduct in reference to the suit.
| The question in this case hinges in
| great measure on the construction the
| courts will put on the governors &C
| tion in that matter. The question for
the court to decide will be: Has not
the governor, by certain action on his
part and on the part Of his specially
plead immunity from suit under the
above quoted amendment to the federal
constitution?
| The governor in his over-zeal to
take part in the case, has employed
counsel to represent the state in ad-
dition to those who had been en-
| ployed by the corporation commits
sion to represent the parties of record
in the case, which did not include the
state or the governor thereof.
The governor as chief representa-
tive of the state and the head of the
executive department, called a confer
ence with representatives of the plain
tiff corporation, and, as chief exc
cutive of the state entered into nego-
tiations with them. wrote letters to
them and signed proposals for certain
purposes-signed by himself as COVER
nor of the state and in which he de-
clared what "the state" was willing
to do if the railroad would also do
| certain things.
J No wonder the governor is terribly
worried now because he finds that he
as governor of the state, has, by his
officious interfering with the duties
|
mission, placed the state in the posi-
ton that it cannot plead it's exemp-
case.
| There is also rumor that the gover-
nor has secured the written opinion
of one of the leading lawyers in the
western part of the state, who is not
among the seven who appear for the
state in this case nor is an attorney
for the Southern railroad, but who has
| been affiliated with the state in one
| the railway controversy, and that law
| yer has advised the governor that ne
| by his conduct has waived his right
| to contend in the tax case that the state
| cannot be sued; that by the action of
himself and of his specially employed
| counsel the states right under the
| eleventh amendment to the constitu-
| ton of the United States has been
| abandoned and that such a plea is 70
| longer available.
No wonder that the governor is un-
| der such circumstances anxious to
compromise the case-if he can find
| any way whereby legal compromise
con be made.
Who is jt that claims that Mr.