The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-15
Twenty-Four Governors
Resent Invasion of
States Rights.
PRECEDENT SET
BY THEIR ACTION
Judson Harmon. of Ohio, viii
Head Protesting Committee.
Decision of Sanborn in Min
nesota Rate Case Particular
Invasion" to Which
They Object.

Spring Lake, N. j.. September IL
Governors Of twenty-four States of the
Union voted this afternoon to unite in
protest to the United States Supreme
Court against what they consider an
invasion of the States rights by Fed
eral courts.
The decision of Judge Sanborn. in
the Minnesota rate case Is the partic-
ular invasion" to which the Qaver-
nors object. BY their action they es-
tablish a precedent In American his
tory.
Judson Harmon. Governor Of Ohio,
and former Attorney General of the
| United. States Will head COMMITTEES
of protest. His colleagues will be Her
bert s. Hadley. Governor of Missouri,
and Chester S. Aldrich, Governor of
Nebraska. The motion to appoint such
committee to voice the views of the
conference was made hr Governor En-
NETT O'Neal of Alabama, which placed
the membership at FIVE. Action was
declared unanimous, although Cover
nor William w. Kitchin, of North Car
olina. the twenty-sixth delegate, who
alone opposed 1t, did so. he said, SOLE
ly because 1t would be a departure
from precedent
Harmon Supplies Suggestion.
Governor Harmon supplied the orig
mai suggestion for the plan, accord
Ing to Governor O'Neal In the sharp
debate which followed the measures
introduction. Governor Harmon took
| no part. 49,,
Introduction of the motion was en-
.ireiy unexpected by the majority of
the delegates Governor AldrichIe
ringing denuncintion of what he ter m.
ed the Invasion of the functions and
rights OF the States by the minor Fed
| eral courts, discussed during the fore
noon session, provoked enthusiastic
applause and was followed in the az
ternoon by an address by Governor
Francis e. McGovern OF wfsconstn
/ upon the same topic with the subject
fresh In mind, the Governors debated
tie question for an hour or more be-
lore Governor o'Neal introduced his
motion. ~
During his speech. Governor Aldrfch
referred in terms of condemnation ia
tho decision of Justice Sanborn. OF the
United States Circuit Court, in the
M'hnesota rate case. He explained
that the point of the decision was that
the States intrestate rate law was
unconstitutional. because 1t could not
be enforced without Interfering In iits
operation with the authority Of the
Interstate Commerce Commission. This
he thought, was clearly an invasion OF
States rights
ut is a measure of vital import.
ance to the States" declared Goyerno,
O'Neal, and as such 1t should be dealt
with by the States through their chief
executives. The States ought to act II.
union and voice the Indignation O,
the entire people of tho country before
the United States Supreme Court.
think that we ought to appoint a com.
mittee to represent us before the
court"
why don't you put that in the form
OF motion?" asked Governor James
Hawley. of idaho.
II move, Mr.. Chairman" was the
reply of the Alabama Governor, that
this conference appoint committed
of five Governors to take such action
ms may be necessary. before the United
States Supreme Court to see that the
tected.'
Some Opposition
Opposition was encountered from
several delegates on the ground that
the expenses Of the committee could
not. legally. be paid pro rata by the
States. and Governor Stubbs, of Kan.
sas, moved the appointment of a com.
mittee of three, who could employ
their own States attorneys to draft
Under his motion the committee was
appointed by this conference to rep
resent the Governors conference in
this case, and to file briefs with the
Supreme Court as protest against
Justice Sanborn's decision"
Governor HaGley, of Missouri, sug.
gested that Governor Harmon. of Ohio.
be appointed chairman of the commit
tee. Governor Stubs embodied the
Al. n
/ Governors Hadley and Aldrich as the
! two other members.
! Governor Gilchrist. of Florida, who,
at frat opposed. later supported the
| amendment. as substituted but urged
that the gentlemen sleep on the ques-3
ton over night" and called attention
to the fact that the hour for adjourn
ment had arrived. His voice was
| drowyed by cries for the motion. and
when quiet was restored Governor
Shafroth, of Colorado. urged that the
| action of the conference be maze
| unanimous.
Suppose. Governor" asked Governor
! Gilchrist. that the Supreme Court had
already made up its mind. would your
I! committee go up and bulldoze 1t into
| changing its opinion?" The reply was
lost In the laughter that followed.
Hoke Smith. Governor OF Georgia.
| supported the motion. IF the decision
of Justice Sanborn becomes the law of
this country" he said. then the twi-
! light zone will so broaden that we Will
/ never see daylight again In the regu.f
(! lation OF passenger and freight rates
! Once the question is decided this way
the states railroad commissions viii
! be emascplnted. and then we Will re-
| turn to that condition whore the IN
| terstate Commerce comm:aalon viii