New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1908-03-25
BODY BLOW FOR STATE LAW
Federal Supreme Court Renders
Sweeping Decision in the
Young Case.
Holds State Rate Law Unconstitu-
tfonal and Adjudges Attorney
General in Contempt.
Justice Harlan Dissents Asserting
that Decision Deprives States
OF Their Legal Rights.


modify rate law.
The stockholders of the railroads
considered the rates exacted under
this law confiscatory and appealed to
the United States district court for an
order en]oining the roads from put
ting the new rates into effect
Judge Lochren issued such an order,
but Attorney General Young took the
position that the federal court had no
jurisdiction in the matter and pro-
ceeded to take steps in the state,co
to compel the roads to comply with
p the state law
Thereupon Attorney General Young
was summoned before Judge Lochren,
adjucged in contempt, fined SI00, di-
rected to dismiss the mandamus pro-
ceedings begun in the state courts and
committed to the custody of the United
States marshal until the order was
obeyed.
An appeal to the united States SUI
preme court was at once filed and a
writ of habeas corpus asked for on the
ground that the federal court in re-
straining a state officer from putting
into effect state law had acted with
out jurisdiction.
- The supreme court on Monday de-
MED the writ and at the,same time pro-
D >unced invalid the Minnesota law
regulating both freight and passenger
rates.
The opinion OF the tribunal was an
nounced by Justice Peckham and holds
substanti ally that the district court Of
the United States had jurisdiction and
that the proceedings against the atter-
. ney general were against him as an
Individual, because he was attempting
to enforce law that was clearly I'M
constitutional by reason of the heavy
fines imposed and because it,denied to
> all persons equal protection.
~ On the matter of jurisdiction the
court contends that "a law which will
accomplish the result of prohibiting
an approach to the courts is clearly
unconstitutional on its face. The
court las held in numerous cases that
no state officer can enforce an lncon-
stltutional state law, and therefore
this case comes Within the jurisdiction
of the court. 1t has also held in
numerous cases that where a state
officer attempts to enforce a state law
which is injurious to an individual or
corporation, such a suit against a
state officer is not against the state.
In such circumstances he stands in his
individual character"
Justice Harlan. the veteran demo
cratic member of the court, made a
vigorous dissent to the final decision
of the court, contending that if the de-
cision were good law it would practi-
cally obliterate the eleventh amend
ment and place all the states within
7 the control of the minor federal courts.
ga sovereign state,'' he argued,
'sshould always have the right to
bring a suit in its own courts to test
the validity of it's own laws, but this
decision takes that right away from it.
If this decision of today is good law,
why will it not be competent for the
IN nor federal courts to issue iniunc-
tions against grand juries, against
the governor and the county attorney
ofevery county in Minnesota, restrain
ing them in the exercise. of their law.
fui duties"
Attorney General Young when seen
regarding the decision had but few
comments to make. ''There seems
now to be but one recourse, he said,
"and that lies in the recommendation
made by the convention of attorney
gener ais last fall in st. Louis. A law
should be passed by congress taking
away from the inferior federal courts
Nris diction in cases where corpora
tions attempt by injunction to prevent
the eff orcement of legitimate state
laws.
| ''The question of the validity of our
rate laws was not before the court in
this habeas corpus case. The only
questi on was as to the jurisdiction of
the federal court to enjoin the state.
'sAs soon as we can get the whole
decision we will decide what steps
should be taken here for the protection
of the rights of the people of the
state. -
The ST. Paul Dispatch is of the
Splnion that the attempt of the anti
saloon league to fasten county option
and prohibition on the state is not en-
loving the financial prosperity it did