Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-16
RIGHTS OF STATES
Issue in Politics Created by
Governors Conference.
LEGAL CIRCLES INTERESTED
Gov. Harmon to Discuss Question Be-
fore U. S. Supreme Court.
BASED ON COURTS DECISION
Principle Involved in Denial Of
States Power to Regulate
Railway Rates.
| EGAL CIRCLES INTERESTED
BASED ON COURTS DECISION

Profound interest Is felt hotn in legal
and political circles of the capital over
the action Of the governors conference
at Spring Lake in DECORATING Coy. Ilar-
mon of Ohio To appear before the United
States Supreme Court as the representa-
tive Of the executives Of the states TO
argue case in which |, is claimed the
rights OF the states are involved.
The proceeding is unprecedented. il g
declared and is fraught With deep polit-
cal and legal significance. ~ sid.
issue, democratic presidential politics
may be involved and perhaps a political
issue created preservation OF rights OF
the states against federal encroachment.
1t may give Gov Harmon popular issue
for his own presidential aspirations.
That the governors of several great
states should feel IL necessary to take
concerted action is regarded In legal
circles here as indicating existence OF 4
remarkable situation in governmental af-
fairs. As was pointed ont In the debates
OF the conference yesterday. II rests upon
the states to defend their rights. since
otherwise the affirmative Of the PROPOSE
ton of states rights would have no adj
vocate before the court. and IL the deci-
sion in question. of Judge Sanborn or
the circuit court, should be affirmed h.
the court of last resort. the principle
would be settled for all time that a state
cannot regulate commerce within its own
borders il it has an interstate aspect
Conference Issues Statement.
the conference of governors explains the
situation as follows:
I'm view Of the apparent misunder
standing by some of the action Of the
conference yesterday. ii is deemed ad-
hat STA ha made
as to its exact nature and purposes.
AS the decisions of the United states
circuit court i'm what are known as the
Minnesota rate cases. to the effect thai
the state of Minnesota had no authority
to regulate railroad rates within its own
borders, because interstate commerce was
thereby affected. and as other cases in
volving the same question In other states
would come before the Supreme Court
of the United States for decision. the con-
ference considered it advisable that
committee should be appointed to see
that the states side of this controversy
is properly prepared and presented to
the Supreme Court The committee ey-
poets to deal only with the legal side or
this controversy, and the action taken
Yesterday was one of only ordinary pre-
caution.
Every state in the Union is vitally in
terested in the decision of this question.
as the right Of each state to regulate its
own internal commerce would be de-
stroy by an adverse decision. We eN-
pect to ascertain as to what cases will
first be considered by the Supreme Court
in which this question will be decided.
and il IL is deemed advisable We will ask
leave to present to the court brief i'm
argument in support of the right OF tho
states to regulate commerce wholly with
in their borders
May Boost Harmon.
The politicians who are watching the
trend of presidential politics say they can
see political possibilities for Gov. Har-
mon in his espousal of the cause of states
rights. especially IL either the argument
or the courts decision should come along
in suitable time.
Gov. Harmon is regarded as one of the
great lawyers of the country and will be
counted upon to make a gallant fight for
the side he advocates. He has figured in
the past in one prominent railroad case,
as it will be remembered that he was
delegated by President Roosevelt to go
after the late Paul Morton for rebat;ng
and that he made a report on that case
adverse to the railroad. His report was
not acted upon by President Roosevelt.
which led Mr.. Harmon to sever his con-
nection with the prosecuting arm of the
government
Creation Of New Issue.
1t is thought by politicians that a sa
lient issue. possessing features out of the
line of the time-honored ISSUES of the pc
riod may come as a political windfall 10
Gov. Harmon and perhaps be seized upon
by the democratic party, so his course III
he faa nj he followed keen