The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-08-10


Indian cruises, switch are likely to con
tinue for years.
During either July or August for sew
eral years the Dolphin has been utilize
for jaunts along the New England coast
with congenial Congressional spirits o.
board. Speaker Cannon has often bee
on these cruises of the Dolphin i
northern waters and it is not unlikel,
that he will join the committee on nava
affairs when their good ship reache
the vicinity of Boston. While the Con
gressmen are gathering information TO
their guidance in making up appropria
ton bills they have a jolly good tin'
in their own way and without inter
ruption.
RAILWAY LEGISLATION.
The coming year that looms so bis
with important events in politics and
Legislation promises to be very i'm
portant period in national litigation.
The legislation that President Roosevelt
has promoted is now approaching the
stage of adjudication in the courts of
last resort.
Therefore the great interest with
which the recent clash of state and fed
eral authority in North Carolina IS
being followed. The determination of
the constitutionality of the state law
forbidding railroads to charge higher
fare than 2 IA cents a mile affects one
of the more recent of President Roose-
welt 8 contentious. Circuit Judge
Pritchard, who has decided that the
state law is unconstitutional and who
has released, on habeas corpus proceed
ings, the men convicted by the state
courts, is one of President Roosevelt s
judicial appointees.
1t now seems certain that this very
great legal question viii be before the
United States Supreme Court soon after
it meets in October. The contention
has reached a stage in North Carolina
that focuses the attention of the entire
country and might lead to serious
trouble. 1t is not unlikely, also, that |
the railroad rate law, which Senator
Foraker has eontended from the start |
is unconstitutional, viii be brought be-
fore the Supreme Court ere the winter
is over.
There is vast deal of bitterness in
the North Carolina fight Judge Pritch-
ard is a Republican, held several state
Offices, and when the Populists and Re
publicans captured the state several |
years ago was elected to the United /
States Senate. He is highly regarded
among North Carolinians, without re-
gard to party, but Democrats never
theless resent his activity in everything
their state laws and thiEk he has gone
farther than he need have done in aid
ing the railroad. Almost an identical
situation has arisen in Missouri, where
the railroads have resisted the enact
nent of a law to reduce passenger fares
within the state. Virginians are also
to carry an appeal to the
Supreme Court of the United States to
test the validity of law reducing rail-
road fares within their borders.
If in any way the question of the
of the government over rail-
roads doing purely interstate bust
ness gets directly before the court, the
decision will be one of the most impor-
-ant in years. If favorable to the
President g contention, ON the ground
that these roads are post roads, it
would be tremendous victory for him.
If i; 2hould go the other way it would
be very. great defeat for him.
On most of the constitutional ques
lions involved in the legislation he has
the President is confident.
His appointments to the Supreme bench
have been made with the knowledge
that such questions were to come before
the court eventually and he has tried
to name men he believed were in SYM
pathy with his views.
The habeas corpus appeals from
North Carolina will in any event tend
70 strengthen or weaken the President s
for more railroad law. Ha-
Oeas corpus cases are decided much
more quickly than other forms of liti-
cation and it is quite probable that a
decision win be handed down before
The Congress gets down to a serious
of the railroad bills the
President has in mind
ERNEST G. WALKER.
T.