The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-09-14
Chief Executive of Nebras-I
ka Charges that Federal
Judiciary Is Overstepping
Its Authority.
HE CITES DECISION
OF SUPREME COURT
Address of the Nebraskan
Was Delivered Today Be
fore the House of Govern
ors, Spring Lake, N. ].

OTIS, opTlng Lake, IN. J..
National News Associations
SPRING LAKE, N. j.. Sept. IA
That the federal courts are overstep-
ping their rights in ruling that state
has not the power to control commerce
within it's boundaries was the decla-
ration of Governor Chester H. Aldrich.
Of Nebraska today in his address be-
fore the House Of Governors, assem-
bled here. Governor Aldrich is the au-
thor of the railroad statute OF Nebras-
ka. He held that intra-state regulation
affects Interstate commerce only Incl
dentally and is not In conflict with
federal laws on the subject.
Quoting from many Judicial decis-
ions, he said that the weight OF au-
thority is in favor of the states right
to regulate railroads rates within its
borders, as that Is one of the constitu-
spoke of recent decisions by Supreme
Judge Sanborn and others that he said
were in contravention to this consti-
tutional provision for states rights.
Digs Supreme Court.
I'VE have just read in a recent deci-
sion, OF nationwide Importance" he
said. 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 supreme court of the United
States, to invade the province and
rights Of these sovereign states by sub
Iterfuge. cunning device, and falecious
reasoning and thus nullify state laws
and tie up generally the govern1nent- -of
the state, deprfvfng them 81 their
| right to control their OWE internal
commerce.
Il have heard many eminent law
yers deny the right of the state to, in
any way, control the common carriers
of that state and grave and learned
judges have listened with patience and
often assent to such pernicious and
unfounded principles of law and with
autocratic power have denied the right
of the state to control their internal
affairs in fixing and establishing rates
for transportation Of persons and pro-
perty that originated in the state and
ended in the state for the reason that
such a regulation interferes with in
terstate commerce, when, as matter
of fact, the interference complained Of
was only incidental and not general
result.
Riuhts Of States.
Nov. it will be conceded that the
federal government only has such pow
ers as are specifically delegated to it
that all of the powers not delegated to
this central government by the states,
are, by the states, reserved to them
selves and that the citizens of each
state are subject to and must be con-
trolled by the laws Of that state; that
the common carriers of the county
that go over and through the several
states becoming the highways of in
terstate commerce, 50 far as each Of
the states through which they 60, are
citizens OF that state. are subject to
the laws of that state. both in police
regulation, and common protection to
which they are entitled. They must
submit to the laws of commerce of that
state the same as any other individual
citizen.
And it is right inherent in gov
ernment to so frame and to so enforce
laws that these public service corpor-
ations shall be permitted to charge
only just and equitable rates.
THE right, then, to enact statutes
and regulate such corporations to the
end that only just and reasonable
charges may be made, is inherent in q
state legislature for that commerce
which lies wholly within its borders,
and the power and duty to say what ID
reasonable and just when such an is.
sue is rendered, devo1ves not upon the
Legislature, but upon the courts of the
land
| In other words, the idea that courts
can legislate either directly or indi.
rectly is repugnant to our entire
scheme of government. 1t belongs to
1.-THE legislatures.
| This legislative authority. under
proper constitutional or other provis
ion may be delegated to a commission
Tor other subordinate body and that
said subordinate body or commission
can do anything by way of fixing and
Establishing rates, and controlling the
general service of the common carrieI
the same as the legislature itself.
A Legislative Body.
said commission becomes q legis
II. =