The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1907-07-30
THE WEEKLY JOURNAL.
Issued Thursday, One Dollar n Year.
4 NOTABLE VICTORY.

We regretted the other day in an
issue of The Journal and Courier that
Hthe master mind" kind Of political
leadership had led to a conflict In the
State of North Carolina between the
State and federal courts. The attempt
Of the administration at Washington
to force its views with regard to ,the
federal control of public service corpor-
ations in that State, which had already
enacted a State law regulating the
rate to be charged per mile by the
Southern Railroad Company, brought
the two courts into conflict but 1t
gave Governor Glenn his chance to in
sist that in undertaking to reach the
Supreme court of the United States to
test its constitutionality the federal
court should not suspend the operation,
Of the law.
AS the case now stands the Southern
Railroad Company has agreed to en-
force the rates insisted upon by the
legislature Of the State of North Caro-
lima on and after the first of August
and until 1t has been possible for the
highest court to hand down decision
upon the legal merits. This Is all that
Governor Glenn has insisted upon. He
has not contended that the law is con-
stitutional. That is the duty of the
courts after the proper arguments have
been made. He has commended that the
sovereign state of North Carolina has
enacted certain rate law which ap-
pears to satisfy the constitutional re-
quirements of that commonwealth and
that the federal circuit court, while It
may declare the law unconstitutional
in it's character, has no power to sus-
pend the enforcement and operation of
that law without the affirmation of the
highest court in the land. He has re-
peatedly expressed his willingness to
aid in every way the progress of the
case to the Supreme court short of
conceding to the federal government
the rights of the State government.
The railroad company has now decld-
ed that it would be better policy to
recognize and obey the authority Of the
State of North Carolina and let the
highest court decide what the legal
status Of the law is. That is progress
undertaken in an orderly manner.
The victory which Governor Glenn
has won is not alone victory for the
State Of North Carolina. 1t Is victory
for the sovereignty of the States Of the
Union. 1t will be some time before the
federal government will undertake
again to suspend a State law during it
consideration from the point of view O.
Its constitutionality and 1t will be 6
still longer time before the federal de-
partment of justice will under
take to arrange compromise
with the State authorities. 1
was Secretary of State Root VIII,
warned the States that if they did no
take care Of themselves the nation
would have to undertake the job. Gov
ernor Glenn by accepting this chal
lenge has taught the Federal depart
ment Of justice that disorderl
methods of procedure will not be toll
Grated even though they are SUPPORTS
by the power of the master mind,
and that If State laws affecting tn
control and regulation of public ser
vice corporations are to be found un
constitutional by the Supreme cour
they will nevertheless be enforced un
til that verdict has been pronounced
Whether the Supreme court finds tn
North Carolina law sound or unsoun
an opinion will be eventually write
which will make history. 1t is wei
too, that this opinion will be written b
the court as constituted.
- IT
Beer is now put up in tablet form
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