The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-15
HARMON HEADS
CON|N|T TEE To
MAKE PROTEST
Governors of Twenty-four
States Condemn Sanborn's
Opinion in Minnesota
Rate Case.
DECLARED INVASION
OF RIGHTS OF STATES
Spry of Utah Votes With the
Majority, Only One Execu-
tive Voting Against
the Motion.

~ FhlNU LANE, N. d., sept. IL
Governors OF twenty-four states
voted this afternoon to unite III
protest to the United States su-
preme court against what they consider
An invasion of state s rights by fed
eral courts. The decision of Judge
Sanborn in the Minnesota rate case is
the particular "invasion' to which the
governors object. BY their action the
governors establish precedent in
American history
Judson Harmon, governor of Ohio,
and formerly attorney-genera of the
United States. will head committee
Of protest, His colleagues will be Her
bert S. Hadley, governor of Missouri,
and Chester II. Aldrich. governor of
Nebraska. The motion to appoint such
committee TO voice the views of the
conference was made by Governor En-
nit meal of Alabama.
Action was declared unanimous, al
though Governor William kitchin Of
North Carolina. the twenty-fifth dele
gate, who alone opposed 1t, did so, he
said, because IL would be departure
from precedent.
Governor Harmon supplied the original
suggestion for the plan. according to Gov
ernor O'Neal In the sharp debate on
the measure Goveronr Harmon took no
part
Introduction of the motion was en-
tlrely unsuspected by the majority OF the
delegates.
Matter Earnestly Debated
Governor Aidrichs ringing denunciai!on
Of what he termed the invasion OF the
rights of the states by the minor Jed
eral courts. discussed during the fore
Nfa1. rod n1f 1sI IA
pIause and was followed I'm the after
noon by an address on the same tonic
by Governor McGovern OF Wisconsin.
With the subject fresh In mind. the
governor debated the question for an
hour or more before O'Neal introduced his
motion.
In terms OF condemnation To the decision
OF Judge Sanborn OF the United states
circuit court in the Minnesota rate case
He explained that the point OF the de-
cison was that the states intrastate rate
law was unconstitutional. because II could
not be enforced without interfering In
its operation with the authority OF the
interstate commerce commission. This.
he thought, was clearly an invasion OF
the states rights.
This is "A measure OF vital importance
TO the states" declared Governor Q Neal.
'and as such II should be dealt with by
the states through their chief eXecu-
and voice the Indignation OF the entire
people OF the country before the United
States supreme court. ] think that we
ought to appoint a committee TO repre-
sent us before the court.
Hawley Makes Suggestion
WHY don't YOU put that in the form
of a motion?' asked Governor Hawley OF
Idaho,
ply OF the Alabama governor. that this
conference appoint committee Of Ave
governors to take such action as may be
l..F<
breme court 10 see that the rights OF the
states are properly protected
Opposition was eneounyered from sey-
expenses of the committee could not
legally be paid pro rata by the states, and
Governor Stubbs OF Kansas moved the
OF committee OF three. who
could employ their own states attorneys
to draft such papers ss might he neces
sary Under his motion the committee
was appointed BY this conference 10
this case and to file briefs with the SUI
preme court as. protest against Judge
Sanborns decision
ed that Governor Harmon OF Ohio be
chairman of the committee, Governor
Stubbs embodied the suggestion in his
motion and included Governors Hadley
and Aldrich as the other members.
Governor Shafroth of Colorado urged
that the action OF the conference be
made unanimous,
Hoke Smith S View.
'Hoke Smith governor Of Georgia. sup
ported the motion. III The decision OF
Judge Sanbom becomes the law OF this
he snid. the twilight zone VIII
80 broaden that will naN er see day
ight again In the regulation OF passenger
and freight rates. Once the question Is
decided this way. the state railroad COM
Continued on Page Two.