The oasis., 1907-06-22

rue lHt puWcTs VT tHe sthtef Juubt McPhcrson gave this review of the exercise of federal power;
 There is but only one orderly and scemly way, and that is in equity, with the right of appeal to the supreme court, as has been said by that court over and over again. The argument that the courts of the state can decide as to the validity of the laws of the state as we'll as can those of the United States will not be argued by any federal judge but will be conceded Those courts are as high minded and as learned as are the federal courts, but that is not the question. It IS a question of jurisdic- tion. And this court has jurisdi tion and will maintain its jurisdiction.
 Nor is this to the prejudice of any one. As I listened to the argument Saturday was carried back to the days of lS0l-9. recalled the judicial revolutions of Virginia and Pennsylvania. 1 recalled the case of Luther against Boyden. growing out of the Dorr rebellion. 1 recalled the bitterness of halt a century ago between Iowa and Missouri over the state line.
 1 recalled the recent lives of Thomas Benton and Gouverneur Morris by q distinguished author who states that at one time or another every one of the original thirteen states has tried in some form or other to destroy this govern ment and I recalled that in every in- stance save the troubles of lS6l-5 that the United States courts have in dig nified way settled the disputes and law abiding people acquiesced and the law less element was compelled to submit.
 That the states have the right to manage their own local affairs will ever be maintained But it is too late to talk about states dictating to the govern ment or to riding down its courts.
 This is nation. Its commerce will not be interfered with by any state, because for almost that alone we adopted our constitution. The commerce clause will always be upheld and the rights of citizens, including corporations, will ever be protected in their just rights under the fourteenth amendment. These are national questions and the supreme court will hold the scales of justice with the evidence before it. do not know, and of course, do not state that the state legislature has wronged these railroads. That is the case on its merits.
 But the central idea of the entire discourse was wherein the learned judge declared that the new law shall be given a trial. so that there may be practical demonstration of the claim that the law would work hardship and loss upon the rail- way corporations. Here it is:
 The state is not ill effect party be- cause the charge is that these officers are seeking to enforce void statutes in more ways than by inficting penalties. The orders heretofore made will stand until vacated or modified. The cases will be set down for hearing as to whether a temporary injunction shall issue, and if issued what shall be the scope? Shall they restrain the enforce ment of the recent 2-cent passenger rate statute?
 Tentatively subject to argument, and SuDJttt tO tildIS1 VI 'i'4iit'h; IT 9ii'ui' hear the cases, my present view is that the 2-cent passenger fare statute should be put in force and kept in force for some months at least, with right of the railways later on to renew their motions to enioin the enforcement of the statutes. One class of people claim that with 2-cent fare travel will so increase as to make it remunerative. Others deny this.
 The Wisconsin commission but lately declared, after months of investigation, that in that state 2-cent fare would be
 confscatory and Governor Hughes, by
 recent veto message, so declared in
 the populous state ot New York. How is this question to be determined? Is it not all speculation and guesswork? Of what value will be the testimony ol
 an ordinary business man? And oi