The Washington times., 1907-07-26
Administration WOr-
ried by Job For
NebraSkan.
AsState'S Cham
plOn. Could Rally !
Democrats to HIM.

That William Jennings Bryan Will
loom up prominently IN the railroad rate
conflict between the State authorities OF
North Carolina and Judge Jeter c.
PritChard. Of the United States Circuit
Court, before the contest has gone much
further. Is confidently expected by those
in Washington who keep a weather eye
on the Nebraska statesman
Tho attention OF the North Carolina
officials mas been called 10 Bryan.
through the fact that IL vas he who
conducted the last fight before the Su-
preme Court Of the United States. IN
which several questions similar 10 those
now in dispute. were passed upon BY
the court This was the case in which
the consututionality OF the act OF the
Nebraska Legislature 70 fix a maximum
rate on freight and passenger traffic
was involved.
Although Nebraska lost the case.
Bryan achieved a reputation for him
self along this line OF Law. and the
CaroLnians now want the advantage OF
his knowledge and experience.
Chance for Political Stroke.
Besides. the opportunity Of appearing
before the Supreme Court OF the United
States as the champion OF States rights.
which Is the real bone Of contention. is
one that a man with the oratoricaI gifts
OF Bryan could not well overlook when
seeking for some heartstriug upon
whielh % place himself in favor with
should the contentious Of the State De
upheld. the South would be almost sure
10 be strong for Bryan Should the
state meet with defeat uatChless op-
portunites would be presented 10 talk
OF alleged subServlent Judsciaries and
Capitalization OF power in the Execu-
tive.
Why Administration Worries.
It Is these political possibilities OF the
case that are worrying the national
administration quite as Tauch as tho
fear OF a physical clash between the
State and Federal Governments. As
sistant Attorney General Sanford VII
make every effort today tc get he
railroad officials at AsheviiIe 70 agree
10 some such compromise as that pro-
posed by Governor Glenn and council
Of State at Raleigh yesterday. AS
condition precedent 10 any compromiss.
Governor Glenn insists that the "a per
cent rate must so into effect ar once,
and remain IN effect until overruled BY
the Supreme Court Of the United States
Speculation Is beng inCuIgeG IN by
Supreme Court will take when the case
reaches it. It Is held by some that the
Nebraska case referred 70 affords a pre-
cedent for the recent rulings Of Judge
PrftChard.
In both cases the railroads began ac-
tion in the Federal courts. on the ground
OF diversity OF citizenship and Of VIOLA
ton Of the constitutional guarantee OF
property rights.
Justice Brewer Granted Injunction.
With Justice Brewer, Of the Supreme
Court. sitting in the circuit court an in
junction was granted in the Nebraska
case. forbidding the board of transporta-
tion and the attorney general OF the
State from attempting 10 enforce the
rate law The Supreme Court affirmed
this decision. Justice Harlan handing
DOWN the opinion This was in 1sSS. and
OF the members who ConcUrred in this
opinion. now on the bench. are Brewer.
Harlan. White. and Peckham- None
dissePted.
One OF the points made by the court
in deciding the case was that while
rates for transportation within the limits
OF the State are primarily Tor LeCiS-
lature's determination, the question
whether they are so unreasonably low
as to deprive the carrier Of It's properly
without due process OF law cannot %
so conclUsiyely determined BY the Leg
islature that the matter may not b.
come the subject Of judicial inquiry, be-
fore either State or Federal courts hav-
ing Jurisdiction