Newspapers / The Robesonian (Lumberton, N.C.) / July 29, 1907, edition 1 / Page 2
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.. STATES' IRIGHTS AND r. Cttcd Involved Slanar I. JMOT f TlM UlVOlVCd la Cop ies! Vlu WlnttoB SeaUnel. . The Sentinel has taken the retain to read 'Carefully the de tisiotx cited by Goy. Glenn 'in ' his letter to the judges (Fitts 8. " McGee, 172 U. &, page 516), and, apart from any sentiment upon the question of . States' rights or ,other political ques tions involved in the railway rate cases in the State, have decided to present for the ben efit of our readers a few .extracts from this case. The facts in the. case were that the General Assembly of Alabama in 1895 prescribed cer tain maximum rates of toll to be charged on the bridge across the Tennessee river in the State of Alabama. It also de clared that if the owners, lessors or operators of the . bridge de manded or received a higher " rate of toll than was prescribed they should forfeit to such per son twenty dollarsior each of- the State made such acts indict able. This bridge passed into hands of the railway company and the receivers of the road instituted civil proceedings against the State of Alabama, the Governor of the State and the Attorney General, upon . which they obtained an injunc- tion against "persons whomso ever from instituting or prose , cuting any proceedings. ai i ter wards indictments were .found by the grand jury for charging excessive tolls aud the bill was amended so as to in rr elude the solicitor of the dis '' trict, against whom an injunc tion was obtained, restraining him from prosecuting the in- ing in all respects similar to thns nendinc before Judffe - Pritchard. This case was taken to the Supreme Court of the United States. " Justice Harlan rendered the opinion of the court, and after , citing, many authorities, lays . down, the principle tbit a State cannot be restrained from en forcing its criminal laws and the Circuit Court has.no juris diction except where - the act committed or charged to be committed was done by an in dividual as an individual, and that an injunction does not lie . against a State or any of its of- " , ficers acting" siniply in the en forcement of its laws. ; We' quote Justice Harlan's language: "If, because they were law of ficers of the State, a case could be made for tne purpose of test ing the constitutionality of the statute by an injunction .suit brought against them, then the constitutionality of every act passed by the Legislature could be tested by a suit against the Governor and the Attorney General, based upon the theory that the former as the execu tive of the State, was, in a gen eral sense, charged with the ex 4 ecution of all its laws, and the latter, as Attorney General, might represent the State in litigation involving the enforce ment of its statutes. That would be a very con venieat way for obtaining a speedy 'judicia termination of questions of con , . Dow to Care Chilblains. . . J - '.To enioy freedom from ohil f , blainfl,' writes John Kemp, East V . OtisOeld, Me. 41 apply Buoklen's i Arnica DAlve. Jtlave also used it f o salt rheum" with excellent ; re suits." Guaranteed to. cure fever r sores, indolent ulcers, piles, burns, . wounds, frost bites and skin dis eases. 25. at all drag stores. ;' TV. ' ' n( ' ,.4 k "i titutional law which (nay.; be raised' by citizens, --but it is a mode which cannot be applied to the States of the Union con sistently with' the' fundamental principle that they; cannot, with out their assent he brought in- o any court at the suit of . pri- vate persons . If their, officers commit acts - of trespass or wrong to the. citizen, they ' .may be individually proceeded against for such trespass or wrong. Under the view we take of the question the citizen is not without effective remedy when proceded against under a egislative enactment void' for repugnancy to the supremeJaw of the land; for, whatever the form of proceeding against him, he can make his defease upon the ground that the statute is unconstitutional and void. And hat question can be' ultimately brought to this court for final determination, 1 , , it An(i jf an 8ucn officers, attorneys or agents (refering to State officials) are -personally subjected to the process of the fense, andthe general- laws of lCOurt, so as to forbid their act- Whitteti -v. To-nlins n,?and 1 1 " .."Ji saaWa riad. ing in' its behalf, how can it be said that the State itself is not subjected to the jurisdiction of he court as an actual and real defendant?" , , Justice Harlan winds up his opinion as follows:, "It appears from - the record that Clemm and Bahson were indicted in the State court under section 4151 of the Crim inal Code of Alabama. Hav ing been arrested under these indictments, they sued out writs, as - we have seen, writs of habeas' corpus upon , the ground that they were indicted for taking tolls in violations of the above act ofNjTebruary Oth, 1895. which , they alleged to be unconstitutional, and that their arrest was in disregard .of the in j u nctio n of the Circuit court restraining the institution and prosecution of indictments or o-her criminal proceedings in execution of that act. The circuit court .discharged , the petitioners upon their own recognizances. It was error to discharge them and thereby interfere with their trial in the State court. As" already indicated, the circuit court, sitUng n equity, was without jurisdiction to prohibit' the institution or prosecution of proceedings in the State court. Further, even if the circuit court regarded the act of 1895 as repugnant to the constitution of the United States, the custody of the accused by the State authorities should not have been v disturbed by any order , of that r, court and the accused should have . been left to be dealt with by the State court; with the right, after the determination of the ' case in that court, to prosecute a writ of error from this court for the re-examination of the final judg'ueot so far as it involved any privileges secured to the accused by the constitution of the United States. Ex-parte Royall, New. York r vs. Kno, There were no exceptional or extraordinary circumstances in thfeae cases to have' justified1 the the interference by the Circuit CSart, - under writs of habeas corpus, with;, the;, trial .of the indictments V found', r jn .tbe State courts.;-;;!, tfi'-'H ' C ' Tbe judgment of ;the Ci r cuit Court is reversed,', yriih directions to dissolve the in junction restraining the institu tion or "prosecution of ; indict ments, or other criminal, pro ceedings inthe 'State;-court, to dismiss the suit ; brought- by thee receivers, "s'against, the Attorney, General of; Alabama and the solicitor of the eighth judical district of the State, and to remand Clem. and Babson to the custody of the proper State authority.0 t ' This is the unanimous voice of the highest court in the na tion on this matter,',;, . t ; - tlfarrlaae Uecms Issued. ; White: J T. Sanderson to Ber tie Sessoms; Sellers Skipper to Rosa Thompson. , ? , Indian: Will Mayrior t Rosa Oxendine. Colored: J. O. Mallet to Mary C. McCormic; M. , Morrison to Maffgie Morrison; J : B. Mc Neill to Ida Moore. . " I wiir mail you" l:eer to prove merit. umnlM n( m, Dr. Shooo'a Restorative ad my boot on eitner tvspepsu, ine Heart, or tke Kidneys. . Address me, Dr Sboop, Racine, Wis. Troubles of the Stomach, Heart or Kidneys, are merel symptoms of a deeper ailment. . Don't make the common error of treating symp toms only. Symptom treatment fs treat ing the result ot your ailment, and not the cause. . Weak Stomach nerves the inside nerves means Stomach weakness. always." And the Heart, and Kidneys as well,' have their controlling or inside nerves, weaken tnese nerves, and you inevitably have weak vital organs. . Here is where Dr.- Snoop' f Restorative has made its fame. . No other remedy even claims to treat the "inside nerves," Also (or bloating, biliousness, bad breath or complexion, use Ur. bnoop's Restorative. Write me for sample and free Book. Dr Shoop, Racine, Wis. The Restorative Is sold by aft dealers. . , , Yilst Coonsel Fromtlic Saath. "I want to give some valuble ad vice to those who suffer with lame back and kidney trouble," says J. R Blankenshiti of Beokv Tenn.- "I have oroved to an absolute Cer tainty that Electric t Bitters will positively " cure this . distressing condition. The first bottle gave me great relief and af Ur taking few more bottles, I .was completely oared; so ooinpletely that: it be comes a pleasure ; to recommend this ereat .remedy.'! . tiold; under traarantee at all dxuir stows: 60 cents ugstoi4a. Trioe With ax on his shoulder, Lige Huffman 3 Was returning - home rom work when he was struck by;lightning; which renioved his bead and hair as moothly asJ it could have5 been " done by a raior;-:vJ:'v'-;: i. -.AVhen found,;''lie was walking around m a small circle m a daxed .condition , with 'blood flowing from, his month arid noseJ iKe? was bareheaded j 'with the rim of his hat around his necki the rest of his hat having been completely barned.The ground: where , he ' had ,; fallen wheQtriick showed . signs that he had rolled over and'oyer for some time. Thomas Giddings,67 years old, who was ' arrested last I week at Winston.Salem on the charge , of an attempt to criminally .assault hia daughter, and was t released Friday on bait, attempted, to shoot and Mil his 16-year-old daughter Tuesday morning and her li fa was saved 1 only by the failure of the pistol to fire. After his arrest Giddings confessed to the officers that : it was his inten tion to kill his . daughter . and then Jhimself, his reason . being lost Dis two aaugncers reiuaeu hotto swear againsc him on the Charge of attempting to rape his oldest daughter, , -Aa Attractive Booklet. . . The Industrial Department of the Sea board Air Line Railway has jnst issued a very attractive JMacpzine devoted, to the Industrial and Agricultural Development of theSouth This tssue contains a very interesting article descriptive of the, James town Exposition and will prove very good reading to thosewho contemplate attend ing, 'ft cot tains handsome views of all th Government and State Buildings, Hampton Roads, Birds By View of the nmnnrU. GeofrraDhical and Historical maps of Norfolk-Portsmouth and the Jamestown nxposiuon, anu U Virginia In the Vicinitv of Jamestown otle of this magazine can be secured by a'dressingC.H. Gattis. Traveling Passen ger Agent, Raleigh, N. C. ,, TheMonev aver! Is the one who becomes Independent in life. He is notal- , Al . ' it- U. An.n tla filrac Ilia OWn ,wftys in me power oi iijo iDiii iic vct : b,mm.s ' .-: ; prices in g'obd . timest.or in .bad times. THE SPENDTHRIFT ! Lives to-day on what he'eipects to earq to-morrpw., He k.- , . n' ,i? not entirely free.-.: .c y . . .. .- J ; . mm ' - -" A -J 1- 'm m AMAiml In mi avirnr KAtllC. WUere VOW TolfO HQ OH I Money will draw Interest COMPOUNDED EVfaRY IHIIU HUUU i (THREp MONTHS 'x s j It Will Snt prise You How Your Money win ukuw. Robeson (Gbapty toan ? ; Trust Company. . (Bank of Lutnberton Bnlldlng.) ' Liimljertbrii' N. O. : A. VV. McLean, , - , ,1 . CO. Morrow, .- President, : irt. . as Littleton Iremale College. & Splendid Location. Health Reon Hot Water Heat. Electric WghM and bther Modern ImprovemenU. 240 boarding pupils last year. High btandard Scholar ship, Culture and Social Life. Conservatory -advantages iBMnsic. Advanced Courses in Art and Elocution; Business 1 ollege, Bible, and Normal Courses. - j Health Record Not Sorpaasedi Close Personal, Attention to the Health and Social 1 - . ctUBCss vcttY low." : -, fr ;; a6th Annual Session will begin oft September 18th, 1907.. For catalogue, wMreaa , REVi J. BHODESi Prestdent '742n s ' ' : ,t.:' ?V-':riV"j Littreton, JN.U.' rainr i r ; Kh v' l;U ' ,Cr Mean SS made to dl w easo ted darabiUty, "Shkld EssiCa , toe thd nrk cf perfestisn. - . V 1 ' ;T.lieiS'einiW.beltly w IWV., ,j,wt4 V."---' . 4 ,5 1 WW f;H7; Ar r r!- V 3 ' A lV; Is l publiHod ! HoHd cHd , Thursday bf! i lln'and paicularlye Nei ot , local ra-; 4 i i " It H as;' CoiTCSpondents; M Oyer illie; IGbiintY It JM 4 f:tv . And endeavors to keep its readers in touch V with all the happenings of interest tothenx We should like to have a copy of lhe paper, taken in every home in the county and toy " . those who have nioved away and i still re tain their interest . in the ' county and its people. There are one-hundred and three ; issues a year, all ' . .. .. 4V i "trJjS , mm. h. Si' 1 Sometimes the head of the tamily is not (ISP f interested enough to subscribe for :the pa - per and read it himselt but ho , should not . expect his family tp have tha came indiffer- ence to reading. Subscribe for thoir sake. ' ' it J , ft ' U Si J'. v 1 4 4 ,:';''",,. As to the paper as an. snpy of oi . A great many people in the towns and the " county have something to selL Too often they accept the offerlof one man, the first one who. happens along, while if they were ; to advertise and!give the other fellows a :. chance they might get considerably more Uf C. KICl CO..C: t 1 ."3 ,V "air:.f'.'i f . - --fork-' 1 -V, v--. f1. a a aa aaa th . a a a , 4- j . , a a 1 aah asa. a a Ta : . ; a . ';'.',. . V'.-vf ' Jv'-i.. : ::LWe iurnish Lowest Bates on ; application, "I . vyy argia h;'.?f - fnnh WUi TXXL lilt-M-n 10m f t -v.,' 4 : V f i - .. . .. . .
The Robesonian (Lumberton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 29, 1907, edition 1
2
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