Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-17
RIGHTS OF A STATE.
Case of Attorney General
Young of Minnesota
BEFORE SUPREME COURT
Had Sought to Enforce Local Rail-
way Rate Law.
PUNISHED FOR CONTEMPT
Attorney General Hadley Of Mis-
souri, Speaks of the Principle In
volved and Tells What Is Sought.
PUNISHED FOR CONTEMPT
BY WILLIAM r. CURTIS.

BY WILLIAM f. CURTIS.
Written for The Star and the Chicago Record
| Herald
! The Supreme Court of the United States
| has under consideration the right Of state
/ legislatures to enforce two-cent-a mile
laws, and to fix the arbitrary rates of
| transportation. The question was SUBJ
mitted indirectly in connection with an ap-
plication for writ of habeas corpus by
Attorney General Edward T. Young of
Minnesota to secure his discharge from
an order Of commitment by the United
States circuit court for violating an in
junction prohibiting him from institut!ng
proceedings to compel the Northern Pa
cifc railroad to comply with railway rate
laws recently enacted by the legislature
of that state.
On the 4th day of Aprn, 1907, the
Minnesota legislature passed two-cent-
a-mile law. which took effect on May
following. and has since been observed by
all the railways of the state. On April
1S an act was approved establishing maxi
mum rates for merchandise. On May 81,
the day before this law went into effect.
nine suits in equity were commenced by
| the railway companies in the circuit court
of the United States to enjoin the state
railway commission and the attorney gen.
| eral from enforcing those rates, ana
| Judge LOchren issued temporary IN
| junction prohibiting Mr.. Young, the at
| torney general, from taking or instituting
any action to enforce obedience to the
new rate laws Mr.. Young took no notice
| of this injunction. and proceeded TO en-
| force the law. Therefore, on the ?lst of
October last. Judge Lochren found him
guilty of contempt, fined him 500. com
mtted him to the custody of the marshal
! until the fine was paid and the state suits
were dismissed.
Hadley Selected by Conference.
Mr.. Young applied to the Supreme
| Court of the United States for a writ of
| habeas corpus and was heard on Monday
December 2. He was assisted by Herbert
S. Hadley of Missouri by invitation. and
as a result of a conference of attorneys
general held at st. Louis September 30
| last. Eighteen states were represented
Massachusetts. New York, Ohio. Indiana.
| Illinois. Wisconsin, Minnesota. Nebraska.
, Kansas. the Dakotas. Missouri. Arkansas.
| Colorado. Texas, Alabama Mississippi
etc Papers were read and addresses de-
| livered upon subjects Of common interest,
| and arrangements were made by the
| eighteen attorneys general for co-opera-
ton in the execution of the laws of their
respective states, for an interchange of
information in maintaining suits for the
violation of antitrust laws. railway regu-
| lation laws and other litigation concern
eral years the attorneys general of the
| Mississippi valley states have been work
ing together. They have held frequent
conferences. have interchanged briefs in
cases that are of mutual Importance with
great profit, and this conference was
called for the purpose of organizing team
work among the attorneys general of all
the states and the Department of Justice
at Washington 20 far as they can be in
duced to participate.
Although one of the youngest men in
| the group. Herbert S. Hadley, the attor-
ney general of Missouri. took a very
prominent part in the proceedings, and
| after consultation was selected to assist
| Attorney General Young of Minnesota in
submitting the most pressing question in
volved in railway regulation to the Su-
preme Court.
| Mr. Hadley has become especially con-
| sp.cuous not only by reason of his ability
| and energy, but because he was the only
republican on the state ticket in Missouri
elected during the last campo ign. All of
| the republicans nominated with him for
state offices were defeated by the usual
majority. Mr.. Hadley's activity in fight
| ing on the side of the pubic against the
corporations was rewarded by an over
whelming vote. Since he has been in Of
fee he has continued his attacks upon the
corporations in the courts. and has been
the author of legislative measures for reg
ulating rates. Mr.. Hadley will undoubt-
eddy be the republican candidate for gov
ries his state will be considered in line
for promotion 10 the presidency. Admir-
ing friends in Washington have already
| measured the executive chair 10 see if it
will fit him. and the various candidates
for the republican nomination are cult
waiting Mr.. Hadleys acquaintance.
Right of a State Involved.
| asked MIR. Hadley the other day what
will be the significance Of the decision of
the Supreme Court in :he Minnesota
case I have desc Ti5ed-
The question row bafore the court in
wolves the right of a state TO fix rates
of transportation" responded MIR. Hadley.
IF writ OF habeas corpus is granted
and MIR. Young is discharged from the
custody OF tie MARSHA. 1t means that the
state OF Minneso;at and all other states
can take the initiative in their own courts
70 determine the TeaSonaoicncSs Of the
new ;wo-cert-a-mile laws and other rates
TO- transportation anG al charges by pub
i:c service co poratioHs The railways are
now giving the twc-cent-a-mils law trial
in Missouri. They agreed to obey 1t for
ninety days from June III. an'i are still
obeying il. ARD have shown no deposition
IL disobey il.
Why vas the two-cent n milo law
passed." asked. Are the people of
Missouri so poor that they cannot a~ord
to pay the old artes'"
Not at all replied Mr.. Hadley. THE
1
Gus; they never had such bountiful crops
and never sold them for such large prices,
and ths same Is true in all parts Of the
west. The two-cent-a-mile rate was
adopted by our legislature in response to
u popular demand. There was a tidal
wave OF public sentiment throughout the
west in favor of reduction of rates of
transportation. and. as you know. it ex-
tended all over the south and into New
! York and Pennsylvania also. To my
!: mind the railway companies had educated
the people up to the idea that they had
| right to travel for two cents a mile
| on short Journeys well as long Journeys
Our railways have been charging people
| travelling within the state ve-y much
| higher rates than they have charged for
| interstate business between competing
| points.
Practice of Railways.
when a business man in St. Louis finds
! it necessary to go to Chicago or New
| York or Denver he can make the trip in
car provided with every convenience and
luxury. He rides faster; his ca. is much
! heavier and safer: he has more room:
| there are usually not more than fifteen
| or twenty people in a car; elegant meals
I 1t.,fN