The Washington herald., 1907-07-29
Gov. GIenn's Treaty of Peace,

! While the compromise reached in the
! South Carolina rate controversy cannot
be said wholly to justify Gov. Glenn s
/ somewhat flamboyant paean OF victory,
/ it should be welcomed as leading the
way to a fair and judicial settlement OF
/ the matters at issue. There has been
no objection 10 such method of set
| tlement on the part of the North Caro-
| lima authorities at any stage of the con
troversy, the only question being whether
/ they should stand by and see their own
/ legislation completely set aside and ig-
nOred and the processes of their courts
subjected 10 an external authority. Under
/ the agreement reached between the
/ Southern Railway and Gov. Glenn. the
validity of the rate law viii be tested
by two methods of procedure: First, in
the Federal courts on the lines originally
contemplated. and second. In the State
courts. by appeal 10 higher State tri-
bunals. Meantime, the Southern is to obey
the law pending the determination Of its
validity. Should It be found unconstitu-
tional by the Supreme Court Of the
United States. then, it may be assumed,
the authorities of the Tarheel state will
submit to its annulment. The situation
somewhat resembles that in Missouri
where the 2-cent rate has been adopted
by the railroads in order to demonstrate.
by actual trial. whether or not it is con-
fscatory. the Federal injunction being
suspended during the term of the ex-
pertinent Judge Pritchard's injunction.
in the North Carolina ease, becomes vir-
tually imperative through the voluntary
surrender by the railroad company of
certain of its rights under the Federal
writ.
After it is all over. the inquiry naturally
suggests itself whether the whcle con-
troversy might not have been avoided
by a different method Of procedure ali
around. At all events, it shows that the
use of the writ of injunction for the pur-
pose of setting aside a State law until
its validity may be determined by the
courts is bound to leave a bad taste in
the mouth of the public. no matter on
which side equity lies. Whether rightly
or wrongly. the people feel that the Fed
eral courts are made use Of by great
corporations to override all attempts at
governmental regulation and control. and
for this reason, if for no other, the
judges of these courts might we'll hesi-
tate 10 exercise their power in behalf
Of petitioners the justice Of whose con
tentions is undetermined and uncertain
That power Is entirely within the bounds
of judicial authority. as established by
precedent, but it may be extremely i'm
polite 10 exercise IT, As Judge Cooley
has well said. IL is a solemn act TO
declare that the legislature has delib-
erately disregaTded its constitutional lin
itations and one from which the judge
VIII shrink in any case where he can
conscientiously and with due regard 70
duty and official oath decline the respon-
sibility." The eminent Michigan jurist
vas referring 10 the act of declaring the
legislative enactment void; with how
much more force do his observations
apply to a writ of injunction nullifying
a State law on ex paTte evidencei
We think Gov Glenn has INDUCED In
some exaggeration. perhaps pardonable
under the circumstances, in prOclaiming
the Southern Railways concession as a
great victory for State rights against
Federal interference" It must be re-
membered that the Federal court has
not abjured its jurisdiction in the rate
cases, and that in the end North Caro-
lima may have to pay a higher rate Of
fare than that fixed by her new rate law
Such Federal Interference" we suppose,
would not be resisted. though f might be
resented Possibly it would be more
correct to say that it is a greater victory
for Glenn than for State rights. The
political future opens smilingly before
the jubiant TarheeI executive. Federal
interference" has done him a mighty
good turn.