Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-09-15
COURTS TYRANNY
IS LIKE CZARISN
GRADUALLY THEY GO INTO LEG
ISLATIVE BUSINESS.
nebraska governor AHCRY
Judicial Bodies Have No Right to
Deny State Right 10 Control
Internal Commerce.

Governor Chester II. Aldrlch of Ne
braska, author Of the Nebraska rail-
way rate law. addressed the conven-
ton Of governors tonight on The
Right Of the States to Fix Interstate
Traffic Rates" Governor Aldrich
made a plea for state authority in the
regulation Of public utilities, and
gave the results Of the operation OF
the Nebraska rate law TO illustrate
his argument.
1--WE have just read in a recent de-
clsion of nationwide importance"
said he, 'where our Supreme Court
has gone into the legislative business.
1t Is now becoming quite the thing for
Federal Courts of inferior jurisdiction
to the Supreme Court Of the United
States, to invade the province ana
rights of these sovereign states by
subterfuge, cunning device, and fall
lacious 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 statutes and
regulate such corporations to the end
that only just and reasonable char
ges 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 is
sue is rendered, devoves not upon
the legislature, but upon the courts
Of this land,
"In other words, the idea thar
courts can leglslate either directly or
indirectly is repugnant to our entire
scheme of government. When d court
in an issue rendered, has said that a
certain rate or fixed charge is un-
just and unreasonable, then it has
used its power to its fullest extent
and the overwhelming weight of au-
thority establishes these propositions
and whenever a court steps outside Of
this particular province, 1t is not only
autocratlc, but may be accused justly
of aryogatlng power and authority
that belongs to another department oi
our government.
II am here to say that the legisla-
tlon Of today. as carried on and reg
ulated by the several states Of this
union is, in the main. just and equit-
able and fair, and that railroad COM
panies doing business today under
these regulations are prosperous.
"As notable instance Of this, l call
your attention to my own state in its
regulation of the comomn carriers
therein. l here make the assertion
that under the regulation through the
freight rate law, the passenger rate
law, and the railway commission, the
railroads of the state of Nebraska are
on better business basis, and do bus
mess with them more satisfactorily
than they have ever done before in
the history of their existence.
Under the two cent fare law, the
business of this state in passenger
traffic has greatly increased.
"The railroad commission of Ne
braska has been in force and effect
for four years. More than a thous-
and orders and judgments have been
entered during that time by this COM
mission affecting the common car
riers and the public. OF the $50
judgments and orders that have been
entered by the commission of my
state, only two of them have been
appealed from. They have forced a
way companies to build many new
depots to re-hallist their tracks to
make various connections, have for
ced them to change time schedules.
have made them put on trains and
have done innumerable things for the
general betterment of the service of
the company and the public.
Il know not what other states may
do; I know not what other states may
think. But l can speak for my own
states and say that she demands the
right and the privilege to be allowed
to do the things which her sovereignty
her independence, and her liberty
says she may do.
Il say that my state will not only
insist, but It will carry forward, at
any and all hazards, its inherent gov
ernmental functions and In doing this
1t stands in line with unbroken chain
u decisions coming down from the
highest judicial body in the land,
from the earliest day to the present.
1T will respect courts and court
decisions. But as a condition preced-
ent to all this, 1t demands that court
opinions stay within well marked
lines and respect the sovereign power
of these states in the regulation and
control of their own purely internal
commerce.
AT all times II asks these courts to
do homage to the scheme of represen-
tative government and let the courts
remember that tyranny clothed in the
garb Of judicial ermine has features
as hideous as though in the hands of
a ear"
Protest to Supreme Court.
Spring Lake, n. j.. Sept. 14.-Gov-
ernors of twenty-four states voted
this afternoon to unite to protest