The Virginia Decision

How far practice had departed from the equitable principle that all

remedy in the State Courts must be exhausted before complainants might

appeal their case to the United States Courts, is emphasized by the

impression amounting almost to a sensation, produced by the decision,

on November 30th last by the Supreme Court covering the Virginia

railway rate case, wherein an injunction had first been obtained by the

corporation from a lower Federal Court, preventing the enforcement of

the two-cent rate prescribed by the Railway Commission of the State.

This restraining order was passed May 14, 1907, and the effect thereof

was to prevent the exercise of the Railway Commission’s legitimate

control over the passenger traffic of their State until now. The

rebuke to Federal Judge Pritchard, who granted the injunction, in the

reversal of his findings in favor of the railroad comes from a source

which the American people have desired to esteem as their highest

source of justice, and will have admirable effect. Not only will it do

much to allay the irritation and the distrust which has been growing

for many years against this tribunal, but it will have most salutary

effect upon insolent Federal Judges and ruthless corporations. The

injunction has been their sword and buckler. Ignoring the State Courts,

they have rushed to obtain injunctions against the enforcement of any

measure they happened to dislike. Armed with the premature mandate of

a Federal officer, they have defied public opinion and the sovereign

authority which created and nurtured them. A firm check on the abuse of

the injunction, had become a crying necessity, if the public were to

respect wise injunctions and uphold the law.

The decision has been hailed with what could honestly be called

“pleased surprise”—so many disappointments had led to the belief that

corporate interests were obliged to triumph. Wide-spread approval

has been accorded the ruling. In a few instances criticism has been

proffered, to the effect that the points over which the case originally

occurred are unsolved and that the question of railroad regulation is

as misty as before. These are matters, however, which do not touch the

principle of State’s redress first, which was universal before the

misconstruction of the 14th Amendment made possible such usurpation of

authority as the one for which Judge Pritchard has been called down.

* * * * *

Other interesting court decisions have taken place within a short

period. The New Jersey Court of Appeals, for instance, has considered

a knotty problem relative to its collateral inheritance law. Philo

Miles, a British subject, died in London, leaving a considerable amount

of stock in a New Jersey corporation and the lower courts held that

the tax could be levied upon same. The Appellate Court negatived this

conclusion on the ground that personal property which includes stocks

and bonds must follow the situs of the owner and be taxed “there and

there only.” They held that if every State could levy an inheritance

tax upon the full estate of the deceased, his personal property being

returned in the inventory of the executor or administrator, the estate

of the deceased could be taxed as often as there were States in which

he chanced to have personal property at the time of his death. This

would, of course, be inconceivable.

It would be helpful to know just how England, which has a National

and effective inheritance tax, will manage with the property held in

New Jersey by the late Mr. Miles. Much of the wealth of her citizens

is represented by stocks in American corporations, mortgages upon

American property and like personal effects. Possibly the heirs are

more scrupulous in returning such property for taxation than are our

own rich men, who think no wrong of sending out of the State all

personalty for long enough to swear tax statements that are true in the

letter, but utterly false in fact. To evade municipal taxation, they

do not hesitate to take their securities outside the corporate limits

for a day or so. The owner of a home or farm may not escape bearing

the burdens of government, but those who derive annual fortunes from

dividends upon “personal property” go scatheless.

A national inheritance tax, with stringent provisions to enforce it,

would go a long way toward evening things up.

[Illustration: A SOCIAL CALL _New York World_]

“Holland Making Faces.”

[Illustration: TOO CLOSE FOR COMFORT

The hand of the law will get old John D. himself yet.

—Minneapolis Journal.]

Dainty and attractive are the naval maneuvers indulged in by the little

Queen of Holland against the Venezuelan government these days. If not

to the entire satisfaction of The Hague, at least they will win her

high plaudits from the Red Cross Society. For where was ever such

consideration shown as has been displayed by this firm, feminine foe

to the blustering South American President? That he has been perfectly

horrid to her, all will admit. It is true that he has been entirely

within his rights in that trans-shipment decree, for the regulation

of the internal commerce of his own country is a prerogative which

the most modest executive might safely claim; but it is likewise

indisputable that it has seriously crippled the thrifty Dutch merchants

of Curacoa; and, anyhow, Castro need not have been so overbearing

about it, which was no way to handle a situation of that delicacy. He

should have admitted that he was wrong, begged forgiveness and then,

of course, _she_ could have been no less magnanimous than to have told

the sturdy burghers of Williamsted that they must cease to cry over the

milk that somebody else had a right to spill; she would have outdone

his courtesy by her sweetness and all would have been well. But some

men even when Presidents, fail to understand that women are women, even

when queens, and so he was uncouth when the situation simply begged

for _noblesse oblige_. Nevertheless, when Castro fell ill, Wilhelmina

deferred her vengeance until he had gone to consult European surgeons.

No rattling of guns or clanking of sabres if the enemy had a headache;

no furore that might disturb the quiet of his citadel.

Now her fleet sails nattily over the Caribbean, to the vast interest of

vice President Gomez, left in charge of Venezuela, and of the world at

large. To coarse, husky individuals, this seems a strange proceeding,

perhaps, but those cast in more delicate mold will realize that

Wilhelmina kept the navy tied to her ample apron strings till now, lest

the clatter of wooden sabots over the hard, white decks, might make

Castro nervous.

Seriously, it seems that Holland is doing little more than making a

demonstration the purpose of which is uncertain. After simmering so

long, the trouble between the two countries could hardly cool off,

with dignity to Holland, without revocation or modification of the

shipping regulations, intervention by other powers or a goodly show

of resentment. If Holland is saving her face by the latter means, who

could be sorry? No one doubts the courage of her people, nor that

they would be met by no mean resistance in attempting to shell the

Venezuelan forts and brave blood should not be spilled in a cause that

seems so entirely within the scope of arbitration.

Watson's Jeffersonian Magazine, (Vol. III, No. 1), January, 1909 · 第 26 / 60 题