El Paso herald. (El Paso, Tex.) 1901-1931, 1911-09-15
SAYS CONFERENCE
REGULATE THE
RATES
Gov. Aldrich, of Nebraska,
Uses Nebraska Law as
an Example

Spring Lake, N. j., Sept. 15.-Address-
ing the conference of governors here
governor Herbert S. Hadley, of
Missouri, spoke on the right of the state
to fix intra-state traffic rates.
Governor Chester 81. Aldrich, of Ne
braska, author of the Nebraska railway
rate law, addressed the convention OF
governors today on "The right of the
states to fix intra-sta traffic rates. %
Governor Aldrich made plea for state
utilities, and gave the results of the
operation of the Nebraska rate law to
illustrate his argument.
We have just read in q recent de-
cision, of nationwide Importance" said
he, where our supreme court has gone
into the legislative business. It is now
becoming quite the thing for federal
courts of inferior jurisdiction to the su-
preme court of the United States, to
sovereign states by subterfuge, cunning
device, and falacious reasoning and thus
nullify state laws and tie up generally
the government of the states, depriving
them of their right to control their own
internal commerce.
The right to enact sts tutes and
regulate such corporations to the end
that only just and reason .5le charges
may be made, is inherent in a state
legislature for that commerce which lies
wholly within its borders, and the power
and duty to say what is reasonable and
Just when such an issue is rendered, de-
wolves not upon the legislature, but upon
the courts of this land
In other words, the idea that courts
can legislate either directly or indirectly
Is repugnant to our entire scheme of
government. When a court, in an issue
rendered, has said that a certain rate or
fixed charge is unjust and unreasonable,
then 1t has used its power to its fullest
extent, and the Overwhelming weight of
authority establishes these propositions,
and whenever a court steps outside of
this particular province, it is not only
autocratlc, but may be accused Justly of
arrogating power and authority that be-
longs to another department of our gov
eminent
81 am here to say that the legislation
OF today, as carried on and regulated by
the several states of this union is. in
the main, just and equitable and fair
and that railroad companies doing bust
ness today under these regulations are
prosperous.
AS notable instance of this, I call
your attention to my own state in ;fs
regulation of the common carriers there
IN here make the assertion that m
der the regulation through the freicb4
rate law, the passenger rate law. and
the railway commission, the railroads
OF the state of Nebraska are on a better
business basis and on better terms with
the people of the state and do business
with them more satisfactorily than tbev
have ever done before in the history OF
their existence
Gov. NoePs Address.
The direct tax system has ouf1ived
Its usefulness for state needs and can
be superseded or made nominal bv the
inheritance tax. aided by other sources
OF state. revenue which can be fairly
and equally collected, in the opinion
or Gov Edmond F. Noel, Of Mississipni-
VINO addressed the governors confer,
e1ce here today Gov. Noel snoka -,
State Comfy"
Its incidental effect" said Gov Noa,
referring to the inheritance FAY
through gradations according to kin,
snip and progression as to amounts. in
eVitably tends to regulate wealth bv
furnishing motives for distribution IN
sums that escape all or serious taxa
ton, and by discouraging wills to stra'n-
taxation be made so onerous as to an
proximate confiscation it would de-
feat its own purpose because those at
whom it would chiefly aim. by change
of residence and skillful and secret
methods of evasion, could and would
escape its burdens"
Gov. NoePs address was devoted
chiefly to an outline of conditions in
various states.