The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-01
SOURCE OF TROUBLE.
Attorneys General Decide That II
Lies in Fourteenth Amendment.

ST. Louis, Oct. IA strong desire
to do away with the conflict of juris-
diction between state and federal
courts and as one of the phases of
that. to restrict the power OF federal
courts in their dealings with matters
pertaining wholly to a state. seemed
10 be the prevailing sentiment at the
convention of attorneys general from
fifteen states of the union at the
Southern hotel. Most of the trouble
was traced to the fourteenth amend
ment to the constitution and one of
the attorneys general. r. V. Fletcher
of Mississippi, said he did not see why
it should not be repealed as it did no
good for the negroes for whom it was
originally passed, and succeeded only
in embarrassing the state courts.
The meeting was called on August
IL by a committee of which Attorney
General Hadley of Missouri was
chairman, and Mr.. Hadley acted as
chairman at the convention. The
purpose was announced to be the gem
eral discussion of antitrust laws,
railroad rate regulation and state
right and the papers read today bore
out that idea. The following papers
were given:
"Antf-trust Laws" Jewel P. Light
foot, assistant attorney general of
Texas. discussion by F. S. Jackson, at
Rate Regulation Herbert S. Hadley
attorney general of Missouri; Conflict
Between State and Federal Courts"
Edward T. Young, attorney general
of Minnesota
HadIey's- Address.
Mr.. HadIey of Missouri spoke in
part as follows:
THAT it is the right of the state
and national governments to regulate
freight and passenger charges has
cod 70 he Of
versy. Under the principles of our
common and the provisions of our
statute law a railroad Is both COM
mon carrier and public highway. A
railroad corporation is created by the
state and is given certain unusual
powers and privileges in order that
it may render to the public a service
common to all alike and on fair and
equal terms. 1t exercises some of the
attributes of sovereignty as neces-
sary incident to its operation and as a
consequence it owes to the public an
impartial and fair discharge of all the
powers conferred on 1t. Men who as
sociate themselves together in the
form of a partnership a corpora
ton for the purpose of engaging in
any ordinary business enterprise have
a legal and a moral right to make as
much out of their business as they
can make by conducting it along le-
gal and honorable lines. But men
who associate themselves together in
pose of opening railroad have neith-
err a legal or moral right to receive
more than reasonable return upon
their investment. In so much as they
receive more, in so much do they take
from the public that which they have
no right to receive, and every person
who pay a railroad an amount in ex-
cess of a reasonable charge for the
service rendered, can recover such ex-
cess in an action at law in case he can
prove his facts. We can approach the
concrete questions of law and fact in
volved in the question of railroad rate
regulation with the following PROPOSE
tions regarded as thoroughly estab-
lished by the decisions of the courts:
First-It is the right of the national
government to fix the charges at
which the railroads carry persons or
property in what is known as inter-
state traffic.
''Second--It is the right of the state
to fix the charge at which the rail-
property wholly within the limits of a
state.
''Third-This right of regulation
must be exercised so as to give the
railroads a return upon their invest
ment. the amount of such return be-
ing a question that has not yet been
thoroughly settled by the decision of
courts of last resort
The convention will continue
through tomorrow and at its close the
attorneys general will participate in
the carnival of festivities and witness
the visit of President Roosevelt on
Wednesday,