Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-09-15
Twenty-Five Executives Voice
DiSapproyal Of What They
Term An Invasion of States
Rights By Highest Tribunal,
IUDS0N HARMON OF OHIO
WILL HEAD COMMITTEE
Decision of Judge Sanborn in
the Minnesota Rate Case
Cited as FIagrant 0veueaCh
of judicial Authority,
tBy Morning sOurnai Special Leased wlr. ,

s>-S
by Morning sournaf Special Leased wire.1
Spring Lake, n. J., Sept. l4.-The
governors OF twenty-five states voted
this afternoon to unite IN "a protest
to the United states supreme court
against what they consider an lnvas-
on of states rights by federal courts.
The decision of judge Sanborn In
the Minnesota rate case Is the par
ticular invasion" To which the gov
ernors object BY their action the
governors establish precedent In
American history.
Judson Harmon, governor Of Ohio.
and formerly attorney general of the
United states, will head a committee
OF protest. His colleagues will be
Herbert $. lladley. governor OF Mis-
souri,, and Chester II. Aldrich, gov
ernor OF Nebraska. The motion to ap-
point such q committee to voice the
views of the conference was made by
Governor Emmett Oneal of Alabama.
The action was declared unanimous
| although Governor William w. Kltch-
In of North Carolina, the twenty-sixth
delegate who alone opposed It. did SO
! he said, because It would be a depart
uro from precedent.
Governor Harmon supplied the ORR
glnal suggestion for the plan, accord
ing to Governor Oneal In the sharp
debate on the measure Governor
Harmon took no part.
Introduction OF the motion was en-
tirely unexpected by the majority Of
| the delegates
Governor Aldrlchs ringing denunci-
alton of what he termed the invasion
of the rights of the states by the
minor federal courts, discussed during
the forenoon session, provoked en-
| thusastic applause ana was followed
| in the afternoon by an address on the
same topic by Governor McGovern of
| Wisconsin. With the subject fresh In
mind. the governor debated the uues-
| tion for an hour or more before Gov
ernor Oneal introduced his motion.
| During his speech Governor Aldrlch
| referred In terms of condemnation to
| the decision of Judge Sanborn of the
| United States circuit court in the Min
| nesota rate case. lie explained that
the point of the decision was that the
states ntra-state rate law was un-
constitutional because II could mol be
enforced without interfering In It's OPP
GRAFTON with the authority of .hu in
terstate commerce commission. This
he thought was clearly an invasion of
states rights.
This is a matter of vital imporl-
ance to the states1 declared Cover
nor Oneal, "and as such II should be
dealt with by the states Though
their chief executives The states
ought to act in unison and voice the
Indignation of the entire people OF
the country before tie United States
supreme court. | think that we ought
to appoint committee TO represent
US before the court
"Why don't you put that In the fern
of a motion?" asked Governor Haw-
ley Of Idaho.
Il move. Mr. Chairman was the
reply of the Alabama governor, that
this conference appoint a committee
Of five governors to take such action
as may be necessary before the Unit
ed states supreme court, to see that
the rights of the states are properly
| protected
Opposition was encountered from
several delegates on the ground that
| tho expenses Of the committee could
not legally be paid pro-rata by the
states. aud Governor Stubbs of Kan
sas moved the appointment of COM
mittee of three, who could employ
their own states attorneys to draft
such papers as might be necessary.
l1nder his motion, the committee was
appointed by this conference to rep
resent the governors conference IN
| this case and file briefs with the su
preme court as q protest against judge
Sanborn's decision.'
Governor Hadney of Missouri, sug-
| gestcd that Governor Harmon OF
ohio be- chairman Of the COMMITTEES.
! Governor Stubbs embodied the suF-
gestion in his motion and included
Governors Ilndley and Aldrtch as the
other members.
Governor shafroth Of Colorado urg-
cd that the action of the conference
he made unanimous.
lIoke Smith, governor of Georgia.
supported the motion. III tho decision
of Judge Sanborn becomes the law of
this country he said, "the twilight
| zone will so broaden that we Will
never see daylight again In the regu-
lation of passenger and freight rates.
once the question Is decided this way.
the states railroad commissioners Will
| be emasculated and then we will re-
turn to that condition whore the inter-
state commerce commission will have
nn control of interstnte rates and tho