The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-09-15
Committee to Appear Before
Supreme Court in Nebraska
Rate Case
JUSTICE SANBORNE
IS GIVEN SCORING
Mr.. Aldrich Calls Attention to
Situation and Gov. Har-
mon Will Head
Committee


SPRING LAKE. " j., Sept, IL
Judson Harmon. of ohio, has ac-
cepted the Craftsmanship Of CONS
mittee of three Governors named by
the conference in session here to APP
pear before the Supreme Court OF
( the United States and fight the Ne
braska rate decision which had been
referred to in speeches as being both
/ autoeratic and tyrannical.
The action of the Governors was
unanimous with the exception OF
kitehin. of North Carolina. and is
I considered the most radical step FOR
the preservation Of State sovereignty
taken since the day of secession. It
! followed a bitter attack on the Fed
eral Judiciary, which was led by Gov
ernors Aldrich. of Nebraska. and
Hadley. of Missouri.
Justice Sannorn, of the Federal
Circuit Court of Appeals at St. Louis.
Was mentioned by name and openly
accused of judicial tyranny" by rul-
ing that a State railroad commission
had no power TO regulate rates and
ieharges for intrastate commerce.
The committee named consist OF
Governors Harmon. Hadley and Aid
rich They have been directed to act
lopportunity of appearing in the de-
Tense Of the rights Of the several
States to fix railroad rates and charges
without Federal Interference.
At the close of the days session
Governor Harmon declined to COM
nent on the significance of the move.
hut it is known that he personally
} ! congratulated Governor Aldrich on
. the stand the Nebraskan had taken
| land assured his support.
Right of the State.
/ Governor Aldrich's topic was Tho
) Right Of the State To Fix Intrastate
Traffic Rates" He said that nobody
/ can deny that the Federal govern
ment has power only to do such
r things as were delegated to it. but
) 1t has become quite the thing Of iare
for some courts TO arrogate unto
themselves all the authority that had
9 been vested IN the several States and
> in Congress The Supreme Court he
asserted, has gone into the legislative
business. 1t is quite the thing for
= Federal courts of inferior jurisdic-
Z ton, the Governor stated, TO invade
= the province and rights of sovereign
Seates by subterfuge. cunning device
. and fallacious reasoning. and thus
nulltfy State laws and tie up gem
= orally the government of the States,
: depriving them of their right to cons
, troll their own internal commerce.
3 Grave and learlNd judges. said Cows
8 ernor Aidrich. have listened with pa
thence and often assent to such per-
I Enieious and unfounded principles OF
z law as deny the right OF a State to
Z icontroi it's common carriers, and with
. autocratic power have denied the right
:. of State To control its internal af-
y fairs in fixing and establishing rail-
g road rates.
Dlctatorial Inferior Courts.
!. Very much OF the conflict between
a Federal and State authorities. he con-
e tinued, is in reality no legitimate con-
|, flict, bat arises from the dictatoria1
s and autocratic attitude of some in
s ferior Federal courts that are unable
e or unwilling to make the distinction
between actual interference and that
which is only incidental to State con-
troll.
1t is false, he said 10 assert that
State authorities are too radical or
! extreme to establish JUST rates. State
railroad commissioners. he thought.
We're fair minded men, who wished
Ia we'll to the railroads.
70 Then he attacked Justice Sanborn,
10 of the United States Circuit Court of
y APPEALS. for holding that tho Nebraska
h Railroad Commission should be en-
y Joined from exercising its functions.
n Justice Sanborn seems to be the
= r Nt4'S eS119 SesA t.taa -
fhppe"'7' A"i A'o'e'hs eiiat tHe t>eoiasn q
IT To anhui every Nestise oil state con-
k trol IN regulating rates ana charges
20 ior sntra-s'ate commerce. saiu inc
lie NeprasKah' ne Is autocraue. " nen
= court oeclsiohs olsluro anu even over
lie ride our entire seheme OF government
IT IL Is time 20 cast ABOUT ourselves TOT
3 remedy TO check, usurpaton, thae
o. may In the near future oeseiop into
gaIAhg tyranny
I'M To- fer Dnsy{fi rsR
II tiiA0 iAiNtNASAoAStN P'oieioh u