The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-07-25
Governor Glenn's Usurpation of
Power"

lictiOn between the State and FEEDER
al courts in the matter Of suits con-
corning railway passenger rates, the
Wilmington Messenger in its leading
editorial OF last Thursday under the
above heading says this:
We most deeply deplOre the pres
ent state OF affairs. 1t is deplorable
that there should be n conflict OF lu-
risdctiOn between the State and Fed
eral courts.
We cannot understand why our
people should look upon the Federal
as foreign courts. The judges who
preside over them are North Carroll
mans, selected from among our own
people just as the judges of the State
courts The iuries which are empan-
eled to try issues OF fact joined in
these courts are composed OF the
friends and neighbors Of the litigants
in these courts. They are to all in
tents and purposes as much home
courts as are those constituted under
the State law. Why, then, should
they be looked upon as antagonistic
to the rights Of the people? AS a
rule the Judges OF these courts are as
well versed in the law as are those Of
the State courts We do not think
this statement can be denied.
Why should there be such a Juror
raised over the railroads seek
ing aid from the Federal courts in
stead of those of the State? 1t is IL
cry raised by a class of demagogues
who wish to prey upon popular preiu-
dice and hope to make political capt.
tai thereby.
We are sOrry to see that the gov
ernor of this great State has not had
perspicuity enough to keep from fall
ing into the trap these designing poll
ticians have set for him. Willingly
or unwittingly he has walked right
into the trap set for him and has put
himself in a very unfortunate posi-
ton. We feel sorry for him; for when
he takes calm, dispassiOned view of
his action he will regret the course he
has pursued His letter to the Judges
OF the Superior court of the State
was an insult to every one of the
members of the Superior court bench
as well az IL violation of the COnsti-
tuition of the State. Every Superior
court Judge should have replied that
''when elected Judge it was to be pre-
snmed that he knew the law and
that when he took the oath OF office
it WAS to be understood that he
should observe that OATH which
required him to observe the laws and
Constitution of the State. We should
think that every Judge in the State
would resent this grandstand play
OF the governor, made in violation
of the Constitution and directly re,
fecting on the ability and integrit Y
Ofevery member OF the State judiciary
We knew that our governor WAS
fond of the gallery stunt, but we did
not think he was selfish enough &c
play it to the public discrediting o.
| the members of Il coordinate and
distinctive branch of the State gov,
| eminent.
The Constitution of this State pro
! vides that "the legislative. executive
and supreme judicial powers of the
government ought to be forever sep
arate and distinct from each other
Under that provision of the State
Constitution what right had the
governor to address such Il letter as
he did to the judges or telegraph to t
solicitor giving them executive in
structiOns as to what they should do
His conduct was a usurpation of the
power of 1t distinct and coordinate
branch OF the government and ever
Judge and solicitor in the STATE
should resent such action on hi
part, 1t was il grandstand play ant
II self-cOnceited stunt as well as vi
OlatiOn of the State Constitution
which the people should resent an,
r6pudiate as the act of their repre-
sentative.
When the courts issue an Orde
then it is the place of the executive
branch of the government to see tina
such order is executed; but it is NJ
province OF the governor to tell tn
courts what order or decree to issue
as Governor Glenn has done.