New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-16
SUPREME
"IMPRESSING' THE
COURT.

The Governors Conference apparent!
became carried away with the spirit OF
Governors Glenn, Conner and Hohe
Smith. who a few years ago were mum
derine their defiance at the federai
courts. when II all Of n sudden resolved
70 send a committee 10 impress the
Supreme Court of the United states.
Whether this action impresses the Su-
IRENE Court or not. it will certainly i'm
press the public-with the ease Win
which congress OF Governors loses its
head.
Stat, executives today have less ex-
cuse for evaporation with the federal
courts than in the time Of Governors
Glenn. Conner and Hoke Smith. "he
situation is much improved with respect
10 the arbitrary" exercise Of power by
lower federal courts, of which so much
complaint was heard when the epidemic
of two-cent fare laws was at its height.
1t is no longer possible for "one judge
"of an inferior court 10 nullify the action
"of q state Legislature" Congress has
UTTHUUtA u lUt idNh VI it@OAh ANA ~
feelings Of a self governing community
which permitted a single judicial officer
OF a lower court TO override its actions
by passing a law requiring the hearing
of cases involving the constitWionality
OF state rate laws by a bench of three
Judges, one of whom shall be a Circuit
Court Judge And the Supreme Court
itself has eliminated one important
cause for complaint by holding in the
Knoxville water case and the COnsOli-
dated gas case that the enforcement of
n rate law is not to be enjoined unless
the law is primo facie unconstitutional.
This insures a test Of a state rate law
in actual operation in almost every in
stance before suit to have it declared
unconstitutional can he brought It Is
no longer possible when a regulative
law is passed by state for corpora
ton affected by it TO apply at once to
q single federal Judge and block its
enforcement indefinitely.
This change in conditions within the
last few years shows that Congress and
the courts were alive TO the possible
abuse of power by lower federal courts,
or al any rate TO their lack OF regard
for the SenSibilities of the self-gOverning
states. before the House Of Governors
Court Is il 10 be supposed that the
rights Of the states are in any serious
danger because Of Judge Sanborn's de
CisiOn in the Minnesota rate case. which
is made the preteXt for the remarkable
determination of the Governors TO i'm
press the judiciary now? The Chief
Justice Of the Supreme Court is a South
erner keenlv alive TO the necessity of
preserving the integrity of the states.
Two Of his associates are also Southern
ers. And the state OF Minnesota will no
doubt be represented by able counsel.
who will press upon the courts atten-
ton the necessity of safeguarding the
states right 70 regulate commerce with
/ in its own borders. And the court need
not destroy that right if il decides that
I it must be exercised in such a way as
Lot TO interfere with the exercise of the
authority 10 regulate commerce among
the states which the states delegated
/ 10 Congress. The states cannot take
back by indirection what they expressly
surrendered TO the federal government
/ in the Constitution.
/ The action Of the Governors. viewed
from every angle, was extraordinary.
We suspect it came from restless dis
Icontent with mere academic discussion.
After talking at several conferences and
getting nowhere the conferrees saw an
opportunity to do something. and &C
cordingly they resolved TO impress" the
Supreme Court-and everybody else