The Havre herald. [volume] (Havre, Mont.) 1904-1908, 1907-10-04
APPEAL TO CONGRESS
Made by Convention Of At
torneys General.
RESTRICT FEDERAL COURTS

State Officials Would Limit the Jurls-
diction of United States Circuit
courts-Minnesota Man Presents I'M
portant Resolution.
St. Louis, Oct. 2.-Action that will
have far reaching effect In antitrust
and corporation litigation and which
will bear fruit In almost every state
in the Union was taken by the con-
vention of attorneys general in it's
final session here Tuesday. A COM
mittee was appointed to draft
scheme Of antitrust legislation to be
sent to all attorneys general. A reso-
luton was adopted which is expected
to remove a thorn in the flesh of the
state officers, the interference by fed
eral circuit courts with the operation
of state laws. Permanent organza-
ton was also effected under the name
of the National Association of At
torneys General of the United States
and united front will be presented in
legal actions brought by different
states against the same corporations
or trusts.
The resolution, which was presented
by Attorney General Young OF Mime
sofa, Is in the shape Of a memorial to
congress and is as follows:
Whereas, the efficient administra-
ton as Well AS the preservation of our
dual system Of government requires
that each sovereignty be permitted to
exercise its function as defined by the
federal Constitution unhampered by
the other: therefore be It,
Law to curtaiI Power Of Courts.
Resolved, by the convention Of at
torneys general Of the several states
here assembled, that we earnestly
recommend to the favorable considera-
tion of the president and the congress
of the United States the enactment Of
federal law providing that no cir.
cult court of the United States or any
Judge exercising powers Of such cir
cult courts shall have jurisdiction in
any case brought to restrain any Off
Ger of state or any administrative
board of state from instituting in a
state court any suit or other appro-
pirate proceedings to enforce the laws
Of such state or to enforce any order
made by such administrative board;
but allowing any person or corporation
asserting in any such action in state
court any right arising under the Con:
stitution or any laws Of the United
States to have the decision for the
highest court Of such state reviewed
by the supreme court of the United
States as now provided by law.
"We also recommend that suits in
federal circuit courts by persons in
terested in corporations to restrain
such corporations from obeying the
laws of states in which they are doing
business, be prohibited
The convention continued discussion
Of the paper read Monday by Attorney
General Young Of Minnesota on Con
flict Between State and Federal
Courts" The discussion was led by
Attorney General CARRIER of Alabama
and was participated in generally.
Suggestion Eagerly Discussed.
Mr.. Young's suggestion that con-
gress deprive all federal courts except
| the supreme court of the United
| States Of the power to restrain or in
terfere with in any way the action of
| state courts or the executive officers
| of the sovereign states was eagerly
discussed.
Were this done,' said Mr.. Young,
ut would leave the relations between
the sovereign states and the United
States where the trainers of the Con-
stitution intended they should be.
at would do away with the system
which permits federal circuit judge
on the statement Of few persons or
the officers of petty institution of
some kind to defy the power and laws
of a great state by Issuing an injunc-
ton.
"Too much interference by federal
courts with the work of state officials
in carrying out the wishes of the peo-
pie of their states and the laws of
their legislatures will lead to revolu-
ton. The War of the Revolution
arose from the infringement of the
rights Of the colonists, it may be re-
membered. The people of the United
States do not wish to be ruled by a
judicial oligarchy.'
Referring to his violation Of Judge
Lochren's order, Mr.. Young said:
81 propose to tell him that | violat-
ed his order for the express purpose
of having the jurisdiction Of the fed
eral court in state matters tested.
expect he will fine me. If he does,
will at once institute habeas corpus
proceedings in the United States court
that will bring the question up there
directly"
On recommendation of the commit
tee on organization the following were
chosen as officers: President II. S
Hadley of Missouri; secretary ant
| troac William TT Dickson Colo