Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1907-10-28
Defend THE States
AGAINST The USURPATION OF
Federal AUTHORITY.
attorneys General of the Several
States, In Convention, Memorial
ize Congress to Enact Necessary
Laws to Project States From En-

! Laws to Protect States from En-
CrOaChment of Federal Authority.
An important memorial was prepared
by the attorneys Of the various states
represented at the national meeting of
attorneys general held at st. Louis re.
Gently. Mr.. Hadley, attorney general of
Missouri, was made president of the as
sociation; Mr.. Malone, attorney general
OF Massachusetts, vice president, and Mr..
Dickson, attorney general Of Colorado,
secretary and treasurer. It will be no.
ticed that all three of the officers are re-.
publicans, although Attorney General
Davidson. OF Texas, Attorney General
Fletcher, Of Mississippi, Attorney Gem
eral CARRIER, Of Alabama, and u nun Der
of other officials from democratic states
took part in the meeting. The memorial
prepared by these gentlemen and to be
presented to congress reads as follows:
Whereas, The efficient administra-
ton. az we'll ss the preservation Of our
dual system Of government requires that
each sovereignty be permitted to exercise
its functions rs defined by the federal
constitution unhampered by the other /;
therefore be it
Resolved, By the convention OF at
torneys general Of the several states here
assent led, that we earnestly recommend
to the favorable consideration Of the
president and the congress OF the United
States the enactment OF q federal law
providing that no circuit court Of the
United States or any judge exercising
powers of such circuit courts shall have
jurisdiction in any case brought to re.
strain any officers Of state or any ad.
ministration board of state from insti-
tuting in state court any suit or other
appropriate proceeding to enforce the
laws of such state. or to enforce any
order made by such administrative board,
but allowing any person or corporation
asserting in any such action in state
court any right arising under the consti.
tuition or any laws Of the United States
to have the decision OF the highest court
OF such state reviewed by the supreme
court of the United States as now pro-
vided by law.
1--WE also recommend that suits in fed
eral circuit courts by persons interested
in corporations to restrain such corpora
tons from obeying the laws Of states in
which they are doing business be pro-
hibited."
The doctrine set forth in the above
memorial is democratic doctrine; it is in
harmony with the position which the
democratic party has ever taken, namely
that the distinction between the fed
eral government and the states shall be
observed according to the spirit OF the
constitution. The memorial is also in
harmony with the platform recently
adopted by the democrats Of Nebraska.
The United States judges have fallen
into the habit Of suspending the laws OF
the states at the request OF the railroads.
handicapped in their efforts to restrain
or regulate such corporations. No COR
poration is denied justice when it is com.
PEELED to submit its claim to the state
courts and then 90 up by appeal from
the highest court to the supreme court OF
the United States. 1t is gratifying to
know that even the republican officials
of the various states are beginning to
recognize the importance Of the states as
regulator of corporations, and every
democrat in congress has given quick
and constant support to the movement
lnaugurated by the attorneys general.
Corporations doing business in the
state ought to submit themselves to the
laws of the state. The fact that one
stakeholder may live in another state
ought not to be sufficient to carry the
case from the state to the federal court
Here too, an appeal from the supreme
court OF the state is always possible if
any constitutional rights have been VIC
lated.
The movement inaugurated by the at
torneys general Of the various states is
not only a very important one, but it is
also very significant one; it shows that
the democratic position on this subject
is 30 clearly a righteous position that re.
publicans as we'll as democrats accept it
az soon as they see the opposite princi-
pie acted upon. The federal courts have
furnished the object lessons. and the
people have been apt pupils; they have
at once confronted the danger involved
in the overriding Of state laws and in the
destruction OF the state courts, and they
respond with earnestness to the demo-
cratic appeal in behalf OF the right OF
the state to protect the people in matters
which are local.
Napoleon Bonaparte.
showed, at the battle OF Austerlitz, he
was the greatest Leader in the world.