The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-04-11
Judicial Power Centralized.

IN relation to the late decision of the Federal SUI
preme Court in which majority of that court hello
that State has power to regulate the cost OF
freight or passenger transportation within its boun-
daries. The New York Tribune feels that the court
came to the rescue at the opportune time saying:
The decision of the Supreme Court in the Mime
sofa and North Carolina railroad rate cases will
prove terrific blow to the political philosophers
who have been trying to resurrect and revivfy the
State sovereignty theories of Calhoun.
And then The Tribune expresses its qualification
that Calhounism has again been scotched, although
Cahounism claimed the right to nu1lify an act OF
Congress within the realm of National legislation
while Minnesota and North Carolina sought only to
regulate the cost of railroad traffic within their re-
spective boundaries.
That SO great newspaper the New York Tri-
bune should place presumed legitimate railroad con-
troll by State in the category of such papabe mis-
deeds Calhoun sought perpetrae in South Caro-
lima long time ago suggests quality of philosophy
far from the Jeffersonian ideal.
The Federal Supreme Court, in the Minnesota
and North Carolina case sustained the right of
Federal minor courts to inquire into the conhsca-
tory nature of the rate laws of State which means
in broad sense that Federal court has a right
to arraign State for trial and assert jurisdiction
over privileges that supposed to be inherent
and inviolate
Justice Harlan, of the Federal Supreme Court dis
sented and in his opinion said:
Il am justified by what this court has heretofore
declared, in saying that the wise men who
framed the Constitution and who caused the adoption
OF the eleventh amendment would be startled by the
suggestion that a State of the Union can be pre-
vented by an order of subordinate Federal court
from being represented by its Attorney General in
suit brought by the State in of its own courts
and that such an order would be inconsistent with
the dignity of the States as involved in their con-
st1tutIonal immunity from the judicial process of
(ayH fha E,,,,fa
which they constitutionally be made parties in
this court), and would be attended by most pernic
Gus results.
The eleventh amendment to the Federal Consti-
triton, upon which Justice Harlan based his dis
senting opinion, reads follows:
The judicial power of the United States shall NOT
be construed to extend to any suit in law or equity
commenced or prosecuted against one of the United
States by citizens OF another State by citizens
or subjects of any foreign state
What the constitution says shall not be done was
done by the Minnesota Federal Court and its action
has been sustained by the highest judicial tribunal
1t is little wonder that Judge Harlan complains while
the advocates of centralized government are so in
saney jbilant as to declare that the Supreme Court
las conferred upon the Nation a service equivalent
to that rendered by President Jackson when he no
TT ed Calhoun that his neck was in danger unless
he retreated from his notification intentions
In the case of Minnesota, the Federal Court is
sued injunction restraining the Attorney General
from enforcing the State rate law against railroad
companies operating within the State The Attorney
General proceeded to enforce the prohibited rates
entirely for the purpose of making a test case and
vas arraigned for contempt of court and fined
The rather startling Supreme Court decision un-
Ter comment the result of the ATTORNEY Cen
RAILS case, and the North Carolina case went along
nth it, the same points being involved Comment
lg upon the decision the Attorney General of Min