New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1908-04-01
WOULD LET PEOPLE SPEAK
Attorney General Will Ask SUI
preme Court to Throw More
Light on It's Decision.
He Also Suggests Submitting to the
People the Question of Federal
Control.

Believes Congress Should Limit
Jurisdiction of Inferior FEEDER
al Courts II People So
Want 1t.
Attorney General Young has de-
fnitely decided that he will ask the
supreme court to make clearer its
opinion in the habeas corpus proceed
ings which he instituted in that court
to test the jurisdiction of the federal
district court in issuing an Injunction
restraining the attorney general from
attempting to enforce state law. This
action is deemed necessary because Of
the uncertainty as to whether the court
has held the law unconstitutional in
its entirety or simply held the penalty
clause unconstitutional.
He also suggests that in view of the
support by some of the policy Of limit
ing the control over railroads to the
federal government, congress might
provide for the submission to the peo-
pie of constitutional amendment CIV
ing the federal government exclusive
jurisdiction over this subject. 1t the
people by their votes should show that
they are unwilling to grant this an
thority to the federal government, he,
suggests that congress should limit,
the jurisdiction of the inferior federal
courts, thus insuring to the state
courts the power to regulate commerce
within their respective boundaries.
After an extended conference on
Saturday with Thos. D. O'Brien and
r. A. Stone, his associates in the rate
cases, Mr.. Young gave out the follow
ing authorized statement:
"We have very carefully gone over
the decision of the federal supreme
court in the rate case, and we feel that
it is impossible to determine with GER
tainty whether the court intended to
declare the commodity rate law void,
or intended only to declare the penalty
void, leaving the other provisions of
the law in existence.
SIT the law is nullifed because of the
severity of its penalties, no new sche-
dule could safely be prescribed by the.
railway commission, because the PEN
alties in the general railroad law are
far more severe than those provided
by this act.
If the law is held to be void, there
fore, it would seem that special ses-
sion of the legislature would be neces-
sary. As the regular session is not
far away, a special session should be
avoided if possible. The question
cannot be settled till the court is asked
to make its opinion clearer, and / in
tend to make such request of the court
at once. I assume that the railroads
will not interfere with existing condi-
tions until the full scope of the opini-
on is ascertained. / will urge deter
mination of the matter as speedily as
possible, and will permit ne delay
that can avoid in getting the matter
disposed of on the merits.
THE public can be assured that
while the recent decision marks a new
era in the matter of rate regulation,
the public rights are not going to be
imperiled thereby Public regulation
is in an evolutionary state, and each
point that is authoritatively settled
brings us nearer to that perfect under
standing of the subject toward which
we are advancing.
AS there are many who believe that
single federal control over railroads
would be desirable, itmight be good
time for congress to pass and submit
to the states constitutional amend
ment giving congress such complete
jurisdiction.
eff the people are unwilling to sur
render the power which the states now
have over the subject, and should re-
ject such an amendment, then surely
the practice sanctioned by this deci-
sion should be changed, by limiting
the Jurisdiction of the inferior federal
courts, so that the states could exer-
else their constitutional power over
the subject OF commerce within their
own borders, in an orderly way, with
the aid of their own courts, instead of
being deprived of their powers by
federal injunctions.
mo one disputes or tries to inter-
fere with the complete control over
interstate commerce by congress, but
as late as a few weeks ago, following
many former decisions, the federal
supreme court held that congress had
no control over commerce within a
a.. II - ~