The semi-weekly messenger., 1907-09-10

TUESDAY, SEPTEMBER 10. 1907
TAKEN FOR GRANTED

1uere IS one peculiar feature or this
railroad passenger rate cantest now be-
ing waged in this state which, SO fal
as we are aware, has not been alluded
to in single newspaper in this state
That is the assumption by all those
who have taken sides against the
right of the railroad to bring it's orig
inal suit in the federal court that the
state supreme court would, as a mat
ter of course decide the criminal case
ON appeal from Wake superior court
in favor of the state and against the
defendant, the Southern railroad.
That is the case in which the South
ern was indicted in the state court for
having refused to disobey an order
the federal court made, covering the
subject matter on which the indict-
ment was based, in a suit pending in
that court before the institution of the
criminal action in the state court
Our readers remember that after the
federal court had enjoined the putting
into effect of the new rates the South
err was indicted in the state court in
Wake county, convicted and fined
thirty thousand dollars. The defend
ant has appealed to the state supreme
court on the ground that it was lot
liable to indictment pending the final
decision on the constitutionality of the
act establishing the lower rate. =,
4 is a question of law to be Sc
-, .ha ,'lpreme court. The anti
railroad faction, bowever, mas never
looked upon it as such. It has taken
it as a foregone conclusion that the
state supreme court would decide this
abstruse legal question in favor of the
state simply because it was-as some
maintain-a conflict between state and
federal courts, and, of course, the
state court would decide in favor Of
the state. s~'
" Those who look for such oer e..sssa
as a matter Of Of course, lose Sight en-
t,rels OF the fact that the state s'-
oreme court is judicial body, which
masses upon the law as its members
understand it to be, but they seen
to think that, in this case at least
that court will stand by the state
against federal usurpation' and declare
in favor of the state, no matter what
the law in the case may he. we do
not hold to that opinion. We beheVe
that court will decide the case accoI0'
ing to the opinion of a majority of Its
members as to what the law is III the
case without regard to which sldc
shall gain and which side shall lose oy
it's decision.
The contention among certain per-
sons who have been prominent on The
states side in this case that the action
should have been brought in the state
court. because they thought the state
supreme court would, as a matter Oh
course, decide against the railroad, IS
far from complimentary to that court
and is a grave insinuation against the
integrity and honor of it's members. lt
is an insinuation that, law or no law
for it, the judges of that court would
decide in favor of the state. They
expect those judges of the highest
court in the state to fling aside the
law and decide the case from a parti-
san standpoint.
There is strong prejudice, the public
has a right to believe, on the part of
one member of that court against the
Southern railroad which has existed
for wears. but no one who honors the
court believes he will let his personal
spite rule him in determining the law
in case subject to his decision.
BRINGS HONOR TO HIS STATE