Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-15
will Fight the Invasion Of
Their State Rights
BY Federal Courts .COmmittee
Named at Conference
To Protest EmphatIcalIy to United
States Supreme Court.

ernorS OF "A states of the Union Not-
ed this afternoon 10 unite in protest
To- the United States supreme court
against what they consider an lnva-
sion OF states rights by federal courts.
BY their action they establish Il prece-
dent in American history,
JudSon Harmon, governor of ohio
and former attorney general of the
United States, will head the commit
tee of protest His colleagues will be
Herbert S. Hadley. governor of Mis-
souri,, and Chester III. Aldrich, gov
ernor OF Nebraska. The motion adopt
ed was made by Gov. Emmett O'Neai
NJ Alabama, which placed the MEM
bership at five. The conferences ac-4
ton was declared unanimous. al
though Gov. VIM. w. Kitchen of North
Carolina. the 25th delegate. VINO alone
opposed it. did SO he said solely be-
cause il would be departure from
precedent.
Coy. Harmon supplied the original
suggestion fer tie plan, according to
Gov. O'Neal. In the sharp debate
which followed. Gov Harmon took no
part.
Introduction OF the motion was en-
tirely unexpected by the majority ef
the delegates. GOV Aldrich's ringing
accommodation of what he termed the
invasion III the functions and rights
of the states ny the minor federal
courts discussed during the forenoon
session. provoked enthusiastic ap-
plausc and was followed i'm the after
noon by an address by Gov Francis
+. AcGevern Of Wisconsin upon the
same topic. With the subject fresh
i'll mind. the governors debated the
question for an hour or more before
Gav. O.Neal introduced his motion.
During his speech Gov. Aldrieh re-
terred in terms of condemnation Ia
The decision of Justice Sanborn of the
United States circuit court in the Min
neSota rate case. He explained that
the point of the decision was that the
states intra- state rate law was I'M
constitutional because il could not he
inforced without interfering in its OPP
erations with the authority of the In
terstate Commerce Commission. This
ne thought. was clearly an invasion of
states rights.
This is a measure of vital import
anee in the states. declared Gov.
0'Neal. and as such ii should be dealt
with by the states through their chief
executives. The states ought to act In
union aud voice the Indignation of the
entire people of the country before
the United States supreme court.
think that we ought TO appoint n COM
TO represent us before court
why don't You put that in the form
of a notion" asked Gov. James Haw
ley of Idaho.
4 move. Mr. Chairman" was the
reply of the governor of Alabama,
That this conference appoint COM
mittee of five governors TO take such
action as may he necessary before
tie United states supreme court to
see that the rights of the states are
properly, protected"
Opposition was encountered from
several delegates on the ground that
the expenses OF the committee could
not be legally paid pro rata by the
states and Gov. Stubbs OF Kansas
moved the appointment of commit
tee of three. who could employ their
own states attorney TO draft such pa
pers as might be necessary. Under
mis- notion the committee was ''ap-
pointed by this conference to report
the governors conference in this case
ind 10 file briefs with the supreme
court as a protest against Justice SAN
borns decision
OF the half dozen governors who
sprang 10 their feet, Coy. William
Spry Of Utah, in the chair, recog-
nized Gov. Hadley OF Missouri The
Missourian suggested that Gov. Har-
mon of Ohio be appointed chairman
Of tho committee. This was second
cd by several delegates. among them
Coy. Wilson OF New Jersey Coy.
Stuhbs accepted the suggestion. en-
h@'icd II in his motion and included
Cows. Hadioy and Ahlrich as tie iwo
other members,
GOV Giiehrist of Florida, who at first
opposed. later supported the amend
ment as substituted, but urged that
the Gentlemen sleep on the question
over night" and called attention to the
fact that the hour Of adjournment had
arrived.
His voice was drowned by cries for
the motion and when quiet was re-
stored Gov. Shafroth of Colorado urg-
tN liltt tlit ttttipIl VI the
he male unanimous Suppose, Gov
crnor.'' asked Gov Gilchrist. that
the supreme court had already made
up its mind, would your committee go
up and bulldog il into changing its
opinion?'' The reply was lost in the
laughter that followed.
Hoke Smith, governor of Georgia,
supported the notion
IF the decision of Justice Sanborn
becomes the law of this country" he
said. then the twilight zone will so
broaden that we will never see day
light again in the region Of passenger
ard freight rates"
Governor McGovern OF Wisconsin,
supporting the motion, urged
Governor McGovern of Wis
consin, supporting the motion, urged
postponement upon the plan of Coy.
Gilchrist. The latter, however. an
'rounced that he supported the suhsti-
tute measure. Governor kitchin then
said that he wanted no postponement
and while favoring the principle he
would oppose the motion. because he
thought that the action was beyond
the conferences scope. The vote show :