The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-10-01


The Democratic and Republican State
conventions Of Nebraska have recently
adopted platforms that give the country
at large something TO think about. IL Is
to the great West that We look for polit-
cal innovations. and We have become SO
accustomed to setting them from Ne
braska that the new platforms were at
once scanned for evidences OF novelty.
CuriOusly enough, the most remarkable
diversion from the ordinary political plat
form is contained IN the Republican dec
laratiOn of principles, which comes out
sQuarely for the State rights idea of the
relation of Federal and state courts
the idea so extensively exploited by a
number of Southern governors during the
past few months. This platform asks for
an amendment to the Federal judiciary
act that would require the domestication
in the State Of every interstate corpora
ton. in order 10 prevent the recourse OF
such corporations TO the Federal in pref
erence 10 the State courts on the ground
that they are citizens of another state.
But 10 deprive the Federal courts of their
jurisdiction over corporations operating
in a State other than that which char
tered them would not be sufficient. in the
opinion of Nebraska Republicans 10 Sc
cure the sovereign state in all its rights.
SO the enactment Of a Federal law is
demanded. or an amendment TO the Fed
eraI Constitution. if necessary. which
will forbid the Federal courts from issu-
iva. s--gr
GERS charged by law with the enforce
meRt Of State statutes"
These declarations have a queer. sound.
coming from a Republican convention.
and il is not surprising that Nebraska
Democrats should accuse their opponents
Of appropriating Democratic political
clothing. The Omaha Bee, a consistent
Republican organ. is unable 10 find a
word in appreciation Of the new planks
in its partys platform, though IL offers,
by way Of apology, a few explanatory re-
marks. 1t says the two planks are 'in-
tended 70 make the corporations which
take advantage Of privileges extended to
them by State laws more fully ameuabIe
To the authority OF the State courts" so
3 4
authority as have recently occurred may
he avoided. But the significant thing is
that Nebraska Republicans propose to
reduce this friction not by Increasing
the area of Federal jurisdiction over the
railroads, or by means of a national in
corporation law, as proposed by Presi-
dent Roosevelt. but by charging the
powers Of the individual States and cut
ting down the Jurisdiction Of the Federal
courts.
The Democratic platform. while op-
posing Capitalization. seems rather tame
by the side Of the definite particularism
of the Republican declaration. It is rep
resented as summarizing Mr.. Bryan $
ideas on state rights up to date. and
on this account is interpreted by some
/ observers as indicating Mr.. Bryan's in
Jention 10 push the State rights issue. as
defined by him. somewhat more strongly
than hitherto. We quote these para
graphs:
we are opposed to the Capitalization implied il
the suggestions nov frequently made that the pow
srs Of the general government should be extended by
judicial construction. While We favor the exercise
by the general goseumeE. OF all its constitutional
/ authority fer the prevention Of monopoly and for
/ the regulation Of interstate commerce, we insist
/ that Federal remedies shall be added TO and not
substituted for State remedies
/ we assert the right Of Congress 70 exercise
/ complete control over interstate commerce. and we
/ assert the night Of each State 20 exercise Just as
/ complete control over commerce within its borders
/ We demand such an enlargement Of the powers Of
nau1ual ard State railway commissions as may be
/ necessary 10 give fen protection 70 persons and
! PLACES from discrimination and extortion.'
/ 1t viii be observed that the Federal
and State sovereignty are here placed on
| the same plane, thus negativing any pro
posal that the Federal government shall
! have exclusive jurisdiction over any mat
/ ter within the competence of State regu-
lation- II there exists a legal remedy
/ for monopoly, to cite an example. il
should be applied by the State first, and
| then such remedy as the Federal gov
! eminent may be liable to apply should be
/ invoked. if necessary. In a word, the
/ Federal government should aid the
States, not supersede them. The oppo-
sition Of all this to the RooseveItian pro-
/ 2 diiAiilF VI ANA ltlab NbAtlDl IS dDpdE-
/ ent at a glance The Nebraska plan of
| dealing with corporations was branded
/ by Mr.. Roosevelt last December as tend
/ ing to produce nothing but ineffective
chaos" in the regulation Of interstate cor
! porations. It is evident that the Presi-
/ dent and Mr. Bryan would clash sharply
over the State rights idea, as newly de-
/ fined by the Nebraska Democracy.