Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-26
From Washington
Correspondence of the Alexandria Gazette. ]
Washington, July 26.

That William Jennings Bryan will
loom up prominently in the railroad rate
conflict between the State authorities Of
North Carolina and Judge Jeter Q.
Pritchard, OF the United States Circuit
Court, before the contest has gone much
further, is confidently expected by those
10 Washington, who keep an eye on the
| Nebraskan. The attention OF the North
Carolina officials has been called ia
BRYAN, through the fact that 1t was he
who conducted the last fight before the
Supreme Court of the United STATES, in
which several questions similar to those
in dispute were passed upon by the
court. This was the case in which the
eonstitutionslity Of the act of the Ne
braska legislature TO fix maximum rate
on freight and passenger traffic was in
yolyed. Although Nebraska lost tn
case, Bryan achieved reputation for
himself along this line of law, and the
Csrolinians now want the advantage OF
his knowledge and experience. Be-
sides, the opportunity of appearing be-
fore the Supreme Court Of the United
States as the champion of States rights,
which is the real bone OF contention, is
one that man with the Oratorical gifts
of Bryan could not we'll overlook.
Should the contentious of the State be
upheld, the south would be almost sure
to whoop it up for Bryan. Should the
State meet with defeat, mstchless oppor-
tunities would be presented 10 talk of
alleged subservient judicisries and CEN
trallzAtion of power in the executive.
Any turn would call for more "crown OF
thorn" phrases, to send thrills chasing
each other up and down democracy 8
spinal column. 1t is those political pos
sibililies of the case that are worrying
the national administration quite as much
as the fear of physical clash between
the State and federal governments. As
sistant Attorney General Sanford wi J
make every effort today to get the rail-
road officials at ASheville, 10 agree to
some such compromise as that proposed
by Governor Glenn, and council OF State
at Raleigh yesterday. AS condition
precedent 10 any compromise, Governor
Glenn insists tina. the q cent rate must
90 into effect until overruled by the
Supreme Court Of the United States.
Speculation is being INDUCED in by
local legal lights as to the course the
Supreme Court will take when the case
reaches it. 1t is held by some that the
Nebraska case relevred to affords pre-
cedent for the recent rulings of Judge
Pritchard. In both cases the railroads
began action in the federal courts, on
the ground of diversity of citizenship
and of violation of the constitutional
guarantee Of property rights. With
Justice Brewer Of the Supreme Courf,
sitting in the Circuit Court, an injunc-
ton was granted in the Nebraska case,
forbiddng the board of transportation
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 1898 and of the members who con-
Cured 10 that opinion now on the
bench, are Brewer, Harlan, White and
Peckhsm. None dissented. One of the
points made by the court in deciding the
case, was that while rates FOR transpor-
tation within the limits of the State are
primarily for q legislatures determi-
nation, the question whether they are so
unreasonably low as to deprive the carrier
of its property without due process of
law cannot be 80 conclusiyely determined
by the legislature that the matter
may not become the subject of judicial
ioquiry before either state or fedora
courts having jurisdiction.
Pointing out that last March the
government was informed that the
powder trust was delivering to it smoke
less powder inferior to the samples sub
mitted, but blended in with standard
grains, Robert s. Wsddell, of the Buck
eye Powder Company, of Peoria, Ills,
has asked the President in an open letter,
whether the bareback, responsible for
the fatal accident on the battleship
Georgia, did not indicate that part
OF the fraudulent powder was used on
that occasion. The men who perished
may be charged with over-zeal, to
eclipse the record for rapid firing, and
they may have been the victims of other
causes which we're only aggravated by
their Jealous work." says Waddell.
"Were samples of the powder retained
for examination and test? Possibly some
OF it might disclose the same Characters
tics as the fatal shot that was fred"
Wsddell points out that prior to the
Spanish war, the navy used black powder
in active target practice, used it under
stress of vigorous fighting at Manila and
Santiago, delivering the maximum num-
Der of shots within the quickest time
limit of rapid fire, with out disastrous
explosions in turrets or magazines.
1t is probable that President Disz,
of Mexico, will either act as arbitrator
himself or will appoint court of srbi-
tration to settle the dispute which has
arisen between Salvador and Nicaragua
through the attack upon the Port of
Acsjulta belonging to the former country
by party of flibusterers conveyed in
the Nicsragusn gunbost Momotombo.
Salvador regards that attack and the
subsequent raid of the invaders into her
territory as an insult to the national
honor, and has demanded reparslion.
Acting Secretary of State Bacon has
asked Senior Mejia, the minister from
Salvador, for full statement from his
Oovernment IN The case of The two