The Montgomery advertiser., 1909-07-30
THE GOVERNORS MISTAKE.

The Governor in his message says
the Circuit Court OF Appeals decided,
among other things. that 1t was safer
for all parties concerned, that the trial
of your laws should come to the Fed
eral Supreme Court through the State
Court rather than through the in
ferior Federal Court"
The whole opinion runs the other
way on that point. The Circuit Court
of Appeals held that the '1nferior
Federal Court" not only had. jurisdic-
ton in the railroad rate cases. but It
was bound to exercise 1t. and could
and must maintain its jurisdiction
against all other courts and officials.
This much 1t said must now be taken
as "indisputable." It was never a mat
ter of serious doubt. and settled for
all time to come in the Minnesota
cases.
Judge Shelby. who delivered the ma
jority opinion Of the Circuit Court of
Appeals. never dreamed OF intimating
what the Governor imputes to him. The
Constitution was framed upon the OPP
posite idea. A declaration by any
court that the Federal Courts were not
as safe as the State Courts would be
nothing less than a Reputation of the
Constitution. and would involve the
judge who uttered such sentiments in
disloyalty to an instrument whose pol
icy he is bound by oath to support. All
intelligent men know that one OF the
reasons which led to the adoption of
the Constitution. and one of the chief
purposes it had in view In constituting
Federal Courts. was to try cases in
volving Federal rights. and to "estab-
fish Justice" bv constituting courts of
its own. for that purpose. 1t was
found to be a great evil in "contro-
versies between them to resort solely
to the State Courts. instead of giving
them the right to resort either to the
State or Federal Courts. Even 20 ex-
IRENE a State Rights man as Mr.. CAL
houn, in the earlier discussion on this
subject. thought no person ought to
have q right to go into the State
Court to try a Federal question. and
il that were allowed. he should be
bound to leave the decision of the
question to the State Court.
The Governors authority for this
remarkable utterance was a loose
statement made by a press reporter in
sending out news OF the decision
other newspapers. Naturally. they were
not expected to know any better. but
a Governor is supposed to be more
careful in penning a State paper, and
to form his opinion from reading what
the Court does state on such points.
There In no doubt he and his legal
advisers both read and discussed the
Court OF Appeals' opinion. The press
reporter fell into this error in this
WISE II WhS DONLl III hHc SIiSuit
Court and Court of Appeals that the
State statutes authorizing the Commits
sion TO change legislative rates. in
view of the broad definition of the
conditions upon the ascertainment OF
which the Commission should have
power to change the Legislature's
rates. amounted to a delegation OF
legislative authority. and was. there
fore. void under the State Constitu-
ton. The Court of Appeals. in speak
ing of the State decisions cited in sup
port of that position. held they were
not controlling. and said. in substance
that 1t regretted that this State stat
ute comforting the power upon the
commission to change legislative rates
which only involved the validity OF q
stata law as tested by the state Con
stitution. had not been passed upor