The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-08-15
The State Supreme.
Decision in the Railroad Rate Mat
ter Means that a Law Passed by
the State Must be Obeyed Alike
by the Powerful and the Hum
bic Until the Law is Adjudged
Unconstitutional by the Courts.
Charlotte News.

tnarIOJte News.
The Governor and State offic iais
who stood in the face OF criticism:
who stood in defiance of IL Federal
! Judge, have won IL signal victory for
the State which they were chosen to
represent.
| The decision means that a law
passed by the sovereign State OF
North Carolint must be respected
and Obeyed by the most colossal
corporation as well as by the hum
blest. citizen, until the law is ad-
Judged to be unconstitutional. The
Governor and his official associates.
who have stood their ground boldly
for the rights Of the State, are to be
congratulated on the victory that
their persistence and courage has
wrought.
From the beginning of the litiga-
ton this paper has considered the
| "A cert rate too low I'm the
Legislature the editor of this paper
fought the rate, believing that IL 2h
cent rate was low enough, but believ-
ing that the matter of reduction OF
freight rates was the question of
most interest to the people. And
when the rate, that is now in effect
was passed it was passed over the
protests OF this paper.
But, in the issue that has develop
ed, the smallness of the rate, in our
eyes, has been lost, in the issue offar
greater purport-that Of the right
of Il State to make and enforce it's
laws
Since that rate was made an act of
the Legislature, we have believed
that it should be respected, until
proven unfair. And consequently
we have expressed ourselves to that
end.
/ When Judge Pritchard issued an
injunction restraining the corpora
ton commission and the attorney
general from enforcing the new act,
we believed that he seriously blunder-
ed, even If his course was legitimate.
| We believe this because he acted on
the hypothesis that the State had
passed an unconstitutional law, and
therefore one that need not be obeyed
before the matter had been decided
In other words he had reversed the
fundamental principle of law, that
all acts of Legislatures are constitu.
tional until proven otherwise, by
saying the new act was uncOnstitu.
tional and therefore need not be obey
ed until the Supreme Court decided
the matter.
And, as we before stated, while the
Southern and Atlantic Coast Line
may not have violated any law by
carrying their cases to the Federal
court, certain it is that they used
fatally bad Judgment in defying {
State law to do SO.
The controversy has attracted
notice all over the United States
Almost every newspaper OF any
Importance has had a say on thu
matter, and in the majority .
cases, the cry has been for the rights
of the State, as against Federal inter
ference. So the victory won fol
States rights will be a source of re
joicing all over the United States
where men live who believe tina
under the constitution OF th
United States every State has tn,
right to make and enforce it's OWL
law, regardless ofFederal interference
Other States, too, may be encouraged
at the victory won for State
rights. the dearest principle OF dem
ocrary.
And so, the news may be sprea(
abroad that old North Carolina i
still capable of making laws to gov
ern all her interests, whether indi
vidual or corporate, and still has th
courage to see that these laws are re
spected and obeyed, until the high
est tribunal of the land has declared
them unconstitutional.
John R;ha a prominent dealer OF Fining