The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-30
NORTH CAROLlNA's POSITION

Tt may be that the opinion OF Cir
cult Judge Pritchard as to the uncon-
stitutionality of the North Carolina
railroad rate law will be set aside by
the United States supreme court, as
It's predicted by Governor Glenn. But
neither this any other reason eau
be advanced which would justify the
authorities of that state in endeavor-
ing to prevent a review OF the law by
the federal courts, in order to pass dp-
on it's validity. On this point Judge
Pritchard's position is impregnaole,
and the state of North Carolina must
In due time admit the fact.
1t is urged by Governor Glenn and
other North Carolina authorities that
there is no desire to prevent a proper
review of the validity of the Law.
but that they are in duty bound to en-
force the law until it is declared I'M
constitutional. This is a plausible ar
gument, and would be unanswerable
lie it did not conflict with the fact that
proceedings to ascertain the validity
OF the law are actually pending, with
the prospect that within a reasonable
time the matter will be passed upon
by the federal court and an appeal
may be taken either by the state or
the railroad company to the United
States supreme court at h approach
ing term. Pending the determination
of the validity Of the law by the high
est authority, the travelling public is
being protected by being furnished
with calling for the amount
due them in case the rate law is Hus-
tanned. the railroad company being re-
quired to furnish bonds for the pay
ment of these coupons.
Such being the situation the authOri-
ties of North Carolina announce their
determination to continue the prose-
cution of the railroad company and its
agents in defiance of the action of the
federal court. 1t is a deplOrable mis-
take, and the authorities will be fore
ed sooner or later to acknowledge their
blunder. Their position is taken, ap-
parently, on the ground that the people
70 North Carolina are practically I'M
in support of the new law, that their
will is paramount within the state,
and that the action of the federal
court is an attempt to defeat the will
of the state. 7
They ignore the fact that North
Carolina agreed long ago to enact 10
laws in conflict with the constitution,
and to abide by the decision of the
United States supreme whenever
h state laws were questioned. In
this controversy the state of North
Carolina is merely a party, b railroad
company being it's antagonist. Both
are equals, but neither is superior to
the other until a greater owe b a
both has ScrutiniZed their claims. If
North Carolina itself has not violated
the law in trying to reduce railroad
rates, it will be sustained, and will
then be the master instead Of the
equal of the party it has been wrest-
ling with, and the power Of the union
will be behind the state in bringing
the railroad to terms.
Until such time, however. as the
state has proved the righteousness of
its law, the power Of the union is not
only denied to the state, but is exert
r I'd TO prevent the state from commit
ting an act which may not be justice,
1 but tyranny in the name of the peo-
pie.
The fact that practically the whole
population of North Carolina is III
famed in a determination to commit
this act, whether tyrannous Or not,
and is inclined to deny the right of
che rest of the people of the United
States to review the matter. ought to
suggest to the authorities of that state
the wisdom of caution in their pro-
cedure until they have been assured
by the supreme authority that they
are right.-WashingtOn Post, July
24th.