Evening star., 1907-08-27

and declares that TIE suit is not one against
the state within the meaning of the elev-
enth amendment to the Federal Constitu-
ton. That amendment holds the judicial
power of the United States shall not extend
to any suit against state by citizens OF
another state.
The decision says that a state legislature
cannot so frame an act as to deprive
citizen of a right vouchsafed him by the
Federal Constitution. and it does not possess
the power "to deprive this court of its
Jurisdiction and the sooner those questions
are definitely determined the better II VIII
be for all parties concerned.
The decision holds that the corporation
commissioners are sill charged VITA maxi
ing rates. the only limitation upon their
power being that they shall not make a
maximum rate in North Carolina in excess
of "a cents Yer mile The corporation COM
mission and life Attorney General are 'spe-
c'a;ly charged W tn the duty of S ing
the enforcement of saCtiOa of the pIssen-
ger rate act, whi@n provides heavy penalties
and fines fora failure of railroad and their
officials to comply with that act
Right Guaranteed by Constitution.
All laws in existence on the passage OF
that act bearing on supervision and control
of railroads. etc. are to be construed In
connection WITH the !ate act
eft is incanc,'vab e. tie Geci ion says,
that a circuit court of the United States
in the exerc,sa of its jurisdiction should be
noverlcss to afford p remedy to one who
cocks 1o assert a rgat which is guaranteed
nv the Constitution of the CnlteI states.
This is in no sense suit against the state.
nor can ii be successfully cont ,ndei that
the state is in aGywise party IN interest,"
in so far rs the merits OF the controversy
aro concerned 1t cannot be reasonably In
sisted that this is Il suit TO prevent the
state from enforcing any rlSht "hch IL
possesses. nor can II re Faii 10 - IN IN
70 compel the performance of an obligation
of the state nor dos I In anyWise involve
a matte in which .hc stat" has pecunlary
interest: the parties in interest being com
plainant on the one SIDE ana the IrdNelihs
public on the other
Courts Jurisdiction.
'.-rherefore. the questions presented are
not such as to warrant the assumption
that this court is without jurisdiction, and
A careful study of the circumstances at
tending the adoption Of the eleventh amend
ment. as wei as the end to be obtained by
the adoption of thu same. show concusvely
tb,t those who were responsible for its
ado0tion never dreamed that 1t could be
used as a means Of Gepr.ving an American
citizen of a substantial right conferred
upon him by the Constitution OF the United
States.
The e,ev .nth amendment being a part Of
the Constitution must be construed 50 as
to give full force and effect to every pro-
vision of the instrument of which X forms
a mart ANY other construction of this
amendment would practically nullify that
clause of the Constitution VIII ch provides
that no state shall pass any laws impair
ing the obligations of contracts, as well as
the fourteenth amendment"
The opinion shows that the laws Of North
Carolina especially provide upon what
terms Injunction shall be granted to sus-
pend rates. pending litigation or involving
the confisca tory nature Of such rates; that
the statutes of North Carolina expressly
authorize the course pursued by the courts
when freight rates are involved. hut does
not even require bond for such Injunction
when passenger fares are in lit CATION.