Bisbee daily review., 1911-11-01

Co intervene in behalf Of their re- speetiye states and will ask 10 be heard in Supreme court in these cases They contend that II ruling or Judge ssnborn in the Minnesota ease is af- tirmed the states win be denied their right to regulate state commerce. Governors Harmon, of Ohio: Hadley. Of Missouri: and Aldrieh of Nebraska will represent the House of Gov ernors in the controversy. If refused the right to participate in the argn- ment, they wili ask that they be per- mitted to file a brief in suppori Of their contentious
 The railroad commissions of var ious states have organized strong committee 10 look after the states interests in the litigation lt is al- so their intention io make an oral arg nment. if permitted by the supreme cOurt. In lieu Of this they hope 10 De allowed to file a brief
 Combination States
 Throughout the country importance has been attached t0 the rate cases. A conference between railway com missioners took place recently in Lincoln. Neb: where il deyeloped that Iowa, Missouri Oklahoma, North Dakota. South Dakota. Nebraska. Kansas and Texas have an aggregate of seyenty-eighf similar cases on the circuit court doekets and lhe dele gates decided that no time should be lost in preparing for the final strug- gle for state rights in the question involved.
 The situation was also discussed al length at the subsequent national convention of railway commissioners in Washington, and further prepMa- tions for the battle were made. The appointment of the committee by the Lincoln meeting was indorsed, and the same men. headed by Commits sioner Clifford Thorne of Iowa. were authorized to represent the cOnven- lion.
 Paralyzing Decision
 Chairman Thorne, on a recent visit 10 the National capital had the fol- lowing to say regarding the matter;
 The Sanborn decision is paralyZ. ing reguiation efforts by the states. which always have led in this field and have been followed at long in- terval by the national government. Kansas was about to begin a yalua- ton of her railroads but stopped 10 await tine Sanborn decision. Iowa has continued all or her cases in Che federal courts. The railroads main tain. and the commissioners concetle. that If the Sanhorn decision Is upheld it will end state regulations Recent. ly the matter of a Georgia case adopt cd the Sanborn decision as a pre. cedent
 If the states ever are to be heard now is the time. Judge Sanborn holds that a railway is entitled to earn according to the value of its right of way which shall be de termined by multiplying the value of the adjoining property by two and that [ percent must be earned beyond taxes. operation depreciation and one-fOurth; on that valuation he holds maintenance: less than this he holds Is confiscation.
 We consider that the state com. missions are peculiarly equipped to discuss these issues and will plead to te heard The litigation is expect ed to be the most memorable iu a generation
 Mon1entous Case.
 Another delegate 10 the national convention said:s
 Tn my judgement the case is more important to the general welfare of the whole country than any tried by the supreme coSst since the Dred ! Scott decision. 1t will settle many | important decisions including the | power of the states as against that of the federal government in the mat ter of rate-making. and it will also tend to standardize the actual basis Of rate-making. upon which freight and passenger rates all over the coun-