New-York tribune., 1907-08-28
FEDERAL COURT POWER
Judge Prtchard Defines 1t IN North
Carolina Case.

sebe,u1e y G AuR o7-Judse pritchsrd in the
United States Circuit Court. IN iohs eApeN'eO
opinion announced to-day In the rate case Vi 'iio
southern Railway against the Corporation Com
mission and Attorney General OF Nor'h Naio
lima upholds the Jurisdiction OF his court In 'ne
issuance of the recent inJunctons against of1caiS
during the railroad rate controversy anu ueo'"ie'
the suit not one against the state "l'ii-t'
the meaning of eleventh amendment to the 1eu-
eral Constitution. That amendment holds the 1n-
ictaI mower of the United States shall not extend
IN any suit against a suit against state by cit-
zens of another state. The decision says that d
state Legislature cannot so frame an act as 10 az
nrive A citizen of a right vouchsafed him by the
federal Constitution and 1t does not possess the
power Ito deprive this court of s 1urisdiction ana
the sooner those questions definitely determined
the better will be for all parties concerned
The decision holds that the Corporation Commits
sion still charged with making rates. the only
limitation upon their power being that they snail
not make a maximum rate in North Carolina in e4-
ress of 2L cents mile The Corporation Commits
sion and Attorney General are specially charged
with the duty of securing the enforcement OF sec
tton of the Messenger rate act which provides
heavy penalties and fines for failure or raliroaoS
and their officials comply with that act All
laws in existence the passage OF that act bearing
on supervision control of railroads, etc. are 10
be construed In connection with the rate act
The decision continues:
1t is inconceivable that circuit court Of tn the
United States In the exercise of It's jursdlcton
should he powerless to afford remedy TO one "ilo
seeks O assert a right which is guaranteed by 'he
{ United States This rs IN no
against the state. nor can 1t be sue sue.
party in interest in far the merits OF the
controversy are concerned II cannot be reason
ably insisted that this is suit 10 prevent tIIo
state from enforcing any right which II possesses
II he said to be suit 70 cornpei titt ~
formancc a obligation of the state nor uoeS Il
in wise involve matter IN which the sta'S Sis h :
a pecuniary interest: the parties IN interest
complainant the one side ana Inc Ha'eiii'i3
public the other. -,. -
Therefore the questions presented are not such as
to the assumption that this court ,s WIZ,
out Jurisdiction. and a careful study OF the CIR
crImStanCes attending the adoption of the fleN
enth Amendment, as well as the end to ne optalntu
hv the adoption Of the same, show cnncIuSlVeS
that those who were responsible for its ADOPTION.
never dreamed that it could be used as means or
right conferred upon him by the Constitution ol
the United States. r. .,,o
The Eleventh Amendment being a part OF .l' r,
Constitution. must be construed SO as 10 give y lui
force and efec: to every provision or inc lnstlu
ment of which forms part Any other cor cor,
structior of this amendment would practicalIS
nuIlify clause of the Constitution W men Pro-
vides that state shall pass any laws lInpaIrins
the obligation Of contracts as well as the four-
teenth Amendment
The opinion shows that the laws Of North caro-
lima especially provide upon what terms an injunc-
ton shall granted to suspend rates. pending nu
CATION or involving the confscatory nature OF such
rates that the statutes of North Carolina eN-
pressIv authorize the course pursued by the courts
when freight rates involved. but does not even
require a bond for such injunction when passenger
fares are in litigation.