Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-17


TO the supreme cour; OH writ of error
to the state courts and from the state
courts there Is no method OF review
but by writ of error
There Is hut only one orderly and
seen,ly way nnd that Is In equity, with
the right OF appeal 10 the supreme
court, as has been said by that court
over and over again. Tho argument
that the courts NJ the state can decide
as to the validity of the laws OF the
state as well M can tho United States
court Will not be argued by any fedora
judge, but will be conceded. Those
courts are "a high-minded and as
learned ns are the federal courts. but
that is not the question. y Is quce-
ton of jurisdiction And this court has
jurisdiction and will maintain It's lur-
iFdiction, NoS is this to the rreiudica
of any one, AS I listened on saturday
20 the argument, was carried back to
the days of 190l-09. ! recalled the 1u-
dicial revolutions OF virginia ana
Pennsylvania. | recalled the case ~
luther versus Borden. growing out OF
the Dorr rebel,ion. j recalled the pit
terness of half century ago between
Iowa and Missouri over the state line
I recalled the recent lives Of Thomas
Benton and Gov. Morris by distin-
utiighed author, who states that at one
time or another every one OF the orig
inal IL states mas lIleu III Splut lpIUl
or other to destroy this government.
And I recalled that in every instance
save the troubles of 1865 that the
United States courts. have, in digni-
fed way, settled the DISPUTES and law
abiding people acquiesced and The law
less element We're compelled TO submit
STATES RIGHTS.
",rhat the states have the right TO
manage their own local affairs will ever
be maintained. But II is too late to
talk about states debating to the gov
eminent, or to riding down is courts.
This is ~ nation. It's commerce will
not be interfered with by any state, be-
cause for that almost alone we adopted
our Constitution. The commerce clause
will always be upheld and the rights Of
the citizen, including corporations, will
ever be protected in their Just rights
under the fourteenth amendment. These
are national questions and the supreme
court Will hold the scales OF justice with
the evidence before them. | do not
know and of course do not state that
the state legislature has wronged these
railroads That is the case on It's mer-
its. But the railways say they are be-
ing wronged and they must have Il
hearing on the evidence. and
that evidence carried with the
record to the supreme court. And
If upon the evidence they are being
compelled to transact business at q
loss. no one need doubt but that the
supreme court will nullify the statute.
III the rates fixed are remuneratiVe,
the statutes will be upheld. IT is too
late to talk about the alleged wrongs
of the supreme court declaring stat
utes void. That was fought out 100
years ago Down to 1888, the period
covering the first period of the SUI
an helH On ITniteH
States statutes void. During the same
period that court declared as void ISL
state statutes. of which Ia We're Mis-
souri, statutes. (See appendix TO vol,
1871. u. s. rep).
How many have since been de-
clared void l have not taken time TO
ascertain And some of the statues
thus declared void were railroad rate
statutes. enacted by the states. 1T
must be remembered that in passen-
ger and freight carrying there is much
to be considered besides rates or
fares,
EQUALITY OF RATES.
Important as any, If not the most
Important, is the equality of rates; the
treatment of charging of all alike. No
rebates, no determinations must be
allowed. Safety OF traffic and public,
including passengers and employees,
must be considered. And of as much
Importance as any other question IS
delivery OF freight must be had. Fast
passenger trains with but few stops for
passengers going u considerable dis
lance, Ia demanded. Local trains Tor
local business is required. To nave
these reasonable compensation must De
paid. So that these questions are All
involved And in consequence such
business as is between st. Louis and
ST. Joseph, Kansas City and st. Jo-
seph, Kansas City and Joplin and per-
haps other points, where parts OF the
routes of some lines are out OF tue
state, grave question Is presented
and 40 small question is covered,
wheIher parts of these statutes are
void. thar the matter can be separator
and the balance OF the statute remain III
force because Con gress, even as TO those
lines wholly within the state, may OF
may not have control OF such com
meree when II directly interteres Win
commerce passing out OF ana pdch ny ny,
the state. / neither pass upon lnls
question nor express all opinion there.
on. because while such questions NAYS
frequently been discussed by the aolest
OF men, sucn questions have not yet
been decided. ] simply mention 1t as
q great national question. .,,,..
at is urged with much plauslpility
that because pibANlllc9 az Ni''''
the statutes of 1907 that the crlin-
inal courts of the state only take luIlS-
diction. / do not stop 10 review the
various Missouri ST tutes upon thI
subject OF both passenger ana lfelsh,
rates. all of which must be construed
as IN pari materia. But IT Is snnlclent
To say that the nillction of penalties ls
not the only remedy.
The attorney general and fall-
road commissioners SIM nave
much to do with the enforcement
of these statutes which the railways
-oontend are void in part In the orig
inal cases the question as whether ali
the earnings in the aggregate were re,
munerative. That question is sun
present under the statutes OF lgV',
Whether these laws by raising tho
freight rates and lowering the passep-
ger tares are remuneratlVe IN the aE-
gresate must be considered by the
court. The state Is not In eject "A
party. because the charge is that these
officers are seeking to enforce Vola
statutes. in more ways than by llullct-
ing penalties.
The orders heretofore made will stand
until vacated or modified The cases
Will be set down for hearing as 10
whether a temporary injunction shall
issue, and If issued what shall be the
scopeP Shall they restrain the eniortee,
ment of the freight rate statute2 Shall
they RESTRAIN the enforcement OF me
recent 2-cent passenger rate statutey
Tentatively, subject TO argument ana
subject to change OF opinion. II ] shouin
hear the cases. my present view Is tnai