The Caucasian. (Clinton, N.C.) 188?-1913, 1910-11-03
fBy JUDGE w. p. BYNUM.)

The Democratic contention In this
campaign, definitely stated by Senator
Simmons, is that Republican suprem-
acy in North Carolina may bring
upon the people two grave evils,
namely, the payment OF the repudi-
ated bonds Issued by the State In
1868-69-70, and the repeal or annul-
ment OF the suffrage amendments
adopted in 1900.
They Fail to Explain.
Just how these evils are to be
brought about or the means by which
they are to be inflicted is not dis
tinctiy stated, but it is intimated that
1t may be by some act of the general
assembly or some decision of the Su-
preme Govt of the State, in case those
branches of the government should
fall into the hands of Republicans.
Let us see whether the Senator's APP
prehensions are we'll founded.
People Must Vote On 1t.
1. The general assembly, as every
one knows, is expressly prohibited
by section s, of article 1 Of the con-
stitution of the State from assuming
or paying or authorizing the collec-
ton of any tax to be applied either
directly or indirectly to the payment
of the bonds referred to. In the alb
sence of authority from the people,
it has no more power to authorize
or assume The payment of the debts
contracted by the State in support Of
the Confederacy. The payment of the
one is absolutely forbidden, and like
wise the other, unless authorized by
a majority of the qualified voters of
the State at a regular election held
for that purpose. Any act of the
general assembly looking to the pay
ment of the bonds before the propo-
sition to pay them shall have first
been submitted to, and ratified By,
the people, would be unconstitution-
al and void, and this restriction, as
the Supreme Court has said, is an
absolute prohibition and denial Of
power which the courts can see on
the fact of the constitution itself
without looking elsewhere.
Courts Have No Jurisdiction.
Nor in the absence of such ratifica-
ton by the people could any suit for
the payment of these bonds be main
tanned before any court of North Car
DINA. Superior or Supreme. The debt
on nuid hxy he
debt Of the State, and is due from
and by the State, and any suit for its
collection would have to be brought
against the State. By the constitution
Of the United States there is only one
tribunal before which a sovereign
State may be sued without its con
sent, and that is the Supreme Cour
of the United States. Even there, NJ
State can be sued except by another
State. Any attempted consent of tn,
State Of North Carolina to be suet
elsewhere or by any other party IL
respect Of those bonds would be
pullity in view of the express pro
vision Of the constitution Of the Stat
prohibiting their payment or the do
ing of any act looking to their pay
ment without authority from the pee
pie. The jurisdiction of the Suprem
court Of North Carolina to hear case
of this kind as claims against tn
State is swept away by this amend
ment. This is expressly held II
Horne's case, "a n. c. 362, and |
Balzer's case, 104 n. c. 265: an
such deprivation of Jurisdiction, eve
after suit is brought, is there hel
not to be inhibited by the feder;
constitution as impairing the oblig;
ton Of contracts.
North Carolina Judge Speaks.
In the last named case Judge Me
rimon. speaking for the court, sale
cit would be idle, futile and ridic
lous for this court to declare and a
judge the validity Of claim again
the State and recommend to the ge
eral assembly to provide for its pa
ment when the constitution expires
ly forbids 1t to pay or provide for Il
payment of such claim"
CHIEF Justice Taney's Word.
AS said by Chief Justice fancy,
Bank vs.. Arkansas, 81 u. s. So
Those who deal in bonds and oh
cations Of a sovereign State a
aware that they rely altogether
the sense Of justice and good fai
of the State; and the judiciary of t
State can not interfere to enfol
these contracts without the conse
of the State, and the courts of I
United States are expressly prob
tied from exercising such a jurisd
ton"
So long as these bonds remain
the hands OF individuals, in the
sence Of authority from the PEG
to pay them, no suit can be ma