The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-09-14
UNFAIR DECISIONS.
AROUSE PEOPLE"
Gov. Aldrioh Tells GOVERNOR Con
ference Judge sanborn's Course
Has Been Unreasonable.

SPRING LAKE. N. j., Sept 14.--In
q fierce arraignment of ''the autocretic
and unreasonable" action OF Justice
Walter II. Sanborn of the Eighth Unit
ed States circuit court, Gov. Aldrich, OF
Nebraska, today pointed out to the
house OF governors circumstances
which he said explained the clamor
for the recall OF judges.
Aldrich spoke on the regulation In
tra-state railroad rates and based his
attack on Sanborn upon the repeated
decisions OF that Judge in such cases.
Commencing with brief history OF
the Nebraska railroad commission and
the statement that, In the four years
OF It's existence. not one complaint
had been made against It's rulings.
either by q shipper or by the roads,
the governor said:
st Is clear that the weight OF au-
thority Is against Judge Sanborn, but
he is Of the opinion that the Nebras-
ka railway commission should be en-
Joined from exercising the legislative
and governmental functions provided
for 1t both by the constitution and the
legislature and they are roth we'll
within the clear provision of the law
OF this country.
Notwithstanding all this Judge San
born dissented. And ! mention II In
this connection for the reason that he
seems to be the presiding genius over
this court OF appeals whose particular
function Is to annul every vestige OF
state control In regulating rates and
charges for intra-state commerce.
THE position that this Judge takes
Is not only autocratic, but he has not
given one single, authority In the
whole realm OF Jurisprudence upon
which TO base such a dissenting opin-
Ion. II would have been interesting
had the learned Judge written an opin-
ion on this proposition, but he was
content simply to dissent without CIV
ing reasons.
Il be the United States supreme court
or court OF inferior Jurisdiction, con-
tinuaIly makes effort by judicial de-
cisions to do that which the peope and
the people alone, have right to do,
Is trying to establish judicial tyran-
Try"
Decisions such as these remind me
OF the old theological propositions
that were considered back in the fif-
teenth century. Among other soul
stirring questions debated by the
learned clergy OF that time was: How
many angels can dance on the point
OF needleT Tha. question has never
been settled and neither will the much
mooted question OF tocay In he rights
OF these states in controlling purely
interstate commerce besfixee by de-
cisions SO warped ana prejudice as TO
be nothing short Of libelous upon the
name Of the judiciary.
Probably a whole lot OF this trouble
comes from the fact that In many In
stances these inferior courts are made
| up Of lawyers who owe their position,
not SO much to legal attainment and
profound learning as they do o politi-
cal attainments. That explains why
in many instances these court opin-
ions sound very much like the argu.
ment OF lawyer who holds the brief
OF railroad company rather than an
important influential and important
position at the hands OF the judicial
system OF our country"
Saying that the state regulation OF
intra-state commerce was "one OF the
most important questions with which
the supreme court of the United
States has had to deal In recent
years." Governor Hadley, of Missouri,
strongly advocated giving each state
the right to make rules governing
railroad rates within Its border.
IF the right Of regulation OF the
rates of transportation In intra-state
commerce shall be denied the several
states" said the governor, then
there will be enjoyed by the railroad
companies the right to fix Interstate
rates OF transportation free from any
supervision or regulation"