The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-04-23
THE OaERMAN SUBSTITUTE.


A Tacit Recognition of the Cor
rectness OF the Principle on
which 1t Is Based.
Charlotte Observer.
There is every probability that
Senator Oyerman's bill regulat
ing the granting by the Federal
courts of temporary injunctions
against State officers in the en-
forcement of State laws, will be
enacted. This belief rests upon
the facts that the Senate judicia
ry committee reported i. unani-
mously and that the Senate
passed it with little debate and
practically without opposition.
It's provisions have been stated
often enough to be understood.
Underitan Injunction against the
enforcement of State law may
not be granted by single infe
rior Federal Judge but the appli-
cation Is to De heard by three
| judges, two of whom must be
Circuit Court judges and the
third either circuit or district
Judge, and the injunction can be
Granted only by a majority OF
these. The reason for such a
provision OF law is apparent.
When two or three judges de-
clare a statute unconstitutional
the State officers will not defy
the courts and make trou BILE and
the people will besatistied, which
is not the case when the acton is
that of one Judge. Mr.. Overman
stated this argument we'll Wien
he said in his remarks to the
Senate Friday:
IF this substitute is adopted
and three judges have to pass
upon the question of the consti
tutionality of State statute, anC
i great judges say that the statute
IS unconstitutional, the officers o
the State will be less inclined tt
resist the orders and decree G
our Federal courts. The peopl,
and the courts of the State ar,
more inclined to abide by the de
cision Of three judges than the.
W juld Of one su coordinate, inferio
F-deral Judge, who simply upol
petition or uLon a hearing shoulC
tie the hands Of a State Office
from proceeding with the en-
forcement of the laws of his sov
ereign State"
The Norfolk Landmark, en-
, dorsing this measure, refers /
the fact that Chief Justice Fulle
will sit with Judge Pritchard il
the South Carolina dispensar.
commission-receiver ship cas-
aud construes this as "a taci
, recognition, on the part of th
Chief Justice "of the CORRECTNESS
OF the principle on which tn
tOverman bill is based" An
the New York GLOBE, indeper
dent Republican, discussing th
same matter says:
, Important as it is that th
:, national governmen should hav
, all the power necessary to max
the national constitution in all it
details effective, it is also impOl
tant that the highest respect an
) consideration consistent wit
this should be afforded Stat
! Govern whether actin
y through their Legislatures Q
their courts. The unanimou
, recommendation of the Senat
Judiciary com mittee yesterday i
favor of the OVerman bill make
, it clear that there is not wantin
: in ongress serious recogn
: ton of this principle"
We do not think that any n
cent proposal Of Federal legisl'
ton has had so large a tendenc
as this to avert conflict betwee
: State and Federal courts or ha
been so we'll calculated to ALA
= public feeling against the latte
If the house passes this bill
and there is no reason to dout
that it will--Senator Overma
, will have added anotheract to hi
> record Of valuable public service
, The Importance of this legisl
:, ton cannot well be over. est
+ mated.