Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-09-16
RAPS !. S. JUDGES
GOvernOrSCall inferior fed
eTal Courts AlrtoCrdig- i
TO''APPfAl TO SUPREME ClxRE
Declare They Unconstitati cnakay
Limit Powers Of States hY Far-
bidding State Regul@Son
of Railroad Rates.

Spring Lake, n j.. Sept. r5. 15@
house Of governors sprang new Sd0n
in American politics.
II voted rs to | to send committees
of three TO appeal to the supresnss
court OF the United States to. cheek
the autocracy OF inferior federaA
courts"
With Judson Harmon. OF ChsrA ws
chairman. and Herbert s Hadhx- sks
Missouri, and Chester VI Aldtchr cZ
Nebraska. as the other members, sszs
committee win protest 70 the suprsszxss
court that federal judges hays umwas~
rantedly forbidden states to regHsax@
railroad rates within their houSdariarR-
1t will argue that federal courts hawss
unconstiWtionally limited the pnwnxss
of state legislatures.
The pretext for the appeal via fsla
the decision Of Justice Sanhorn. CT
the United States circuit court 81 N.Y..
peals, enioining the railroad ecnsmfsa-
sion OF Minnesota from regulating 2xs-
terstate rates on the ground that sfscka
regulation could not be enforssB ANA
would deprive the roads OF proper rw-
enumeration and would Interfere wHsna
interstate commerce
But the governors take the Invader
view that unless the supreme sourE
rights the states will soon bes@nasR
mere federal provinces.
Governor Harmon, Of Ohio. WIS Unxs
OF FIVE governors who convinced thsn
conference that the time had come fow
the states to cali on the supreme couftx
for help. The others who were csspeF-
cially prominent in bringing ab0kt
this action were: Stubs. OF Kansas.
Hadley Of Missouri; O'NeaE. of AlS4-
bama, and Aldrich. Of Nebraska.
Harmon and ONeal are Demccratsss
Stubs and Aldrich are Republicans
Denounced Federal Courts
The naming of the committee cansx
at the end of session remarkable fsyr'
denurc'stion of the federal caur sg-i
Heretofore since the conference begaxA
the house OF governors limited Msaf4
TO mild discussions Of economic. augzk+
tions pnd an interchange OF opiuioana
on the best way for governors to- guS-
ern.s All of a sudden the temper OF xhNB
! conference changed Hadley, on Mis-
| souri,, let go with sharp criticism or
Justice Sanborn, OF the court at app
peals and Aldricts Of Nebraskz. fnx-
lowed with furious attack ON San-
born and am accusation 'siIaf fesf6rs<s
| Judges were autocrats who had to IA
curbed
Kitchin, OF North Caroline. protsstex1
| mildly that the house Of governors
| had mo license to tell the supr@xnas
court what 1t ought to do. Gilchrisr. or
Florida. wanted to know n the confer
ence supposed that the supreme courx
| would "let itself be bulldozed by three
lawyers, even II those lawyers weras
Governors Harmon Hadley and Az
drich." But they were swept back hy
| wave of enthusiasm The thing xnEs
settled In thirty minutes. Just before
the governors fiocked to pink tea an
a country house Kitchin. Of Nortxh
Carolina. alone voted no
The committees procedure, as azsa'
nounced by Governor Aldrich. VIII nxa
10 go Delore the supreme court In ghe1T
capacity as governors and plead tfan
the inferior federal courts are med
ding dangerously. They win ask tho
supreme court to upset Justice Sarz-.
born's decision in the Minnesota RATS
cases now before the supreme COURT
on appeal, and will be prepared. SO
Governor Aldrich says, to lay before
Chief Justice White and the associate
justices evidence that Justice Sanborn
decided the case against a preponder-
ing weight of expert opinion anu~eous
illusions. The committee hoped. h4s
said, to get reversal ia the Mime
sofa cases, but its chief aim was n irrn-
press the supreme court that stafes:'
governors are aroused over the nullE-
flying by federal courts Of state1s'
rights