Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1908-03-20
MORE FEDERAL AUTHORITY.

MORE FEDERAL AUTHORITY.
Another seeming conflict has arisen
in Judge Pritchard's court between
Federal and State authority. The con
stitutional provision which prohibits
individuals from sueing the State is in
question as directly as il can be. In
the case at bar the State of South Car
DINA in its regulation of the whiskey
traffic undertook to regulate it by State
Dispensaries. 1t has now closed these,
and there is fund Of 100000 in the
State treasury, which is to be used for
the payment of all bills due for liquors
purchased, the balance to remain III
the treasury. Some whislley dealers in
other States claiming large bills,
some of which are denied by the State
of South Carolina, fled petitions in
Judge Pritchard's court asking that
this fund be taken charge of by him
and placed in the hands of receivers OF
his court and applied in SO far as nee
essary to the payment of their claims.
Judge Pritchard admits that this money
belongs to the State, but he has granted
this prayer, and has appointed receiv-
ers to take the fund. In doing so he
has held, according to published re-
ports, "that when the State abandons
its legitimate functions as State, and
embarks in the mercantile business,
that business is separate proposition
from the State itself, and is subject to
attack through the United States
courts in the enforcement of contracts,
just as any other business having rela-
tons across State lines, and thus bring
ing litigation with reference to it under
the jurisdiction of u. S. Courts"
In order, therefore, for the Federal
court to have jurisdiction it must first
decide that the thing done by the State
is not within 'the legitimate functions
of the State" and secondly, that when
its functions as a State have been de
parted from, United States court can
handle the business as in the case of an
individual, the Federal court being the
sole judge of what State may do.
South Carolina will be slow of course
to cOncede that Judge Pritchard can
dictate how she shall handle the whis-
key trade in her territory. She will be
slow to concede that she gives a U. S.
court jurisdiction to handle her affairs
Unfortunately, any more because she
chose to handle the whiskey trade diff.
erently from some other State, than if
she chose to build canals, or railroads.
houses for her poor farmers, or lend
them money on their farm or farm
products. There are many things which
State can do which would have as
wide a margin from a commercial
standpoint as the regulation of the
whiskey traffic by dispensaries, and
whilst there is demagogical idea that
from a commercial standpoint the laws
governing other commodities do not
apply to liquor, still that will have but
little weight with the L. S. Supreme
Court, and should never swerve the
States from their determination to sur
render no rights to the general govern
meut which were not surrendered by
the constitution.
1t looks as if Judge Pritchard by re-
cent assumption of jurisdiction in State
matters had determined to smash
States rights to the limit of the most
advanced ideas of centralized govern
ment. If, however, Judge Pritchard's
views be correct, there was no need fol
the creditors of Virginia to have waited
forty years to settle that portion of the
debt allotted to West Virginia. They
could have sued, we think, in any court
in the land, even Justices court, and
Virginia and West Virginia could have
been dragged through every tribunal
existing for the collection of debt, and
sheriff and constable could have levied
on every species of property claimed
by these States. Certainly there could
have been found long ago some judge
if the doctrine be sound who would
have held that if Virginia went into
railroading or canal building, she en-
tered into commercial pursuits and de-
prived herself of the constitutional pro-
vision which prohibits her from ever
being made a defendant in any suit.
The tendency seems to Capitalization
and Judge Pritchard is looked upon as
one of the most potent factors tending
that way.