The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-09

There is no platitGde that more per
fectIy lends itself to the expression
OF a weak and timid spirit in q force
full way than the variations OF the
statement that a people VINO wouio
have Justice nust do it Strength I'M
plies restraint and law and order hang
on obedience 10 Law. To say that obedi-
ence 10 judicial order and respect Tor
The courts are the essentials Of liberty
needs the additional statement that
the judiciary should respect The CO.
ordinate legislative branch OF govern
meat Representative liberty IS
something more than the result OF q
regative quality. II takes action. ana
determined action 70 attain II. i
takes courage and conviction and stl!
more action to preserve ii. The power
of the people to enforce their VIII ana
govern themselves IS as much at stake
today az IT was a question at the time
Of the tea tax. 1t Is the subject mat
ter Of controversy that has changed
and not the controversy itself. II the
people win this latest fight for OPP
ular government it will not be won
DE those ReHlltIIitI WIN wing IL 80
safe glory Of d militant past. counsel
meekness and passivity a. the virtues
Of the present. The people should obey
the courts. That is az true as that IL
is the duty Of every man TO be a good
citizen, TO pay his debts and preserve
his self-respect ct, and that judges should
interpret, and not annul or make laws,
- thu .r-a n Z tho Leo
~islative branch of government. The
duty to obey the court is quite a diff
ferent proposition from permitting the
dictum Of a court TO deter from the
exercise Of inherent right or to
Fighter from the punishment of
! wrong. When the breath of a court
rises so far beyond the law as to be
of itself the law. the source of the law
has changed from the people to the
Court. Just there lies the core of nine
tenths of ~ battles which have been
wased for <erty.
In North n rolina we are at this
time called upon to settle d vital ques-
ton. Shall respect for the decision of
a Federal Court involve the sacrifice
of the State courts? Judge Pritchard,
has presumed to set aside and suspend
the operation of q law Of the people.
If there is a scintilla of evidence that
the law is defective or that it is con-
fiscatory. it has not yet been produced
before the court that sets it aside.
If there is argument sustaining that
course o. reason for the usurpation,
ho CO1,rf has not oiunn ~ IN this
crisis the people are receiving the sage
advice TO respect the law" and sub
nit to the decision of the Court pend
ing the final determination of the
question" ana this in spite of the fact
that the people have not and cannot
be enjoined; that the courts Of North
Carolina are omen and the law upon
the statute books OF the State: that
the only bar to relief is the threat
of 6 railway attorney and a Federal
Judge tc punish the individual who
dares in a legal way to seek redress
under the sovereignty of his own State.
This is something more than ''obedi-
ence to law" and respect for the
courts" IT is subserviency to a Judge.
" lbA lS Al Oou lIiJS Qu6SlioIl
of Federal injunction sought to de-
stroy a State law? What does il en-
join and whom? Does it, in prohib-
iting the Corporation Commission from
publishing the new rates. a~brogate the
law, needing no publication to put it
into effect? It's provisions apply with
full force irrespective of the injunc-
zion n c3 mr. ! n q J0{r - . - ~
ondary Importance. AS the legal
phrase runs it is a 'self-eXecutine"
statute. ~Self-executing, in this case
means that. if violated. it must be ex-
ecuted by the people and enforced in
the courts. The law agains murder
or arson is in the same way self-ey-
ecuting. The man who does either vio-
lates the law, is punishable
therefor as provided by statute. No
solicitor can be enjoined from prose
cutting him or grand jury from bring
ing indictment. 1t is not they who
punish but the people of whom they
are the Instruments. In the bill fix
ing the railroad rates it is made a
misdemeanor for an agent of the rail-
ioddS 10 CndTSe q nlgher rate than
those prescribed. When that rate is
charged the agent taking the illegal
fare and the officials of the railroad
directing the agent are alike violators
of the law. They come under the
jurisdiction of the courts, which are
the agencies of the law. Against the
operation of the law made by the
people the Federal injunction is pow
erless and futile. The means of a
trial are provided, the accused can
make his defense, but it does not lie
in the mouth of an appointive officer
of a Federal our to stay the proceed
lngs of a constitutional one.
The great duty in the State at this
time lies therefore with the solicitors
and with the grand juries. The DOW
er of the State to legislate is attacked.
1t comes back to the juries who come
from the people to say whether they
shall suffer the a of the state
laws or not. 1t is with the soIicitors
TO say whether. as the representatives