The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-09-15

fifteen minutes and held up a map on
which the five st ates that now have woman
slffrage we're blocked out in pure white.
The Governors Of those States, Carey OF
Wyoming Spry Of Utah. Shafroth OF
Colorado and Hay OF Washington. bowed
10 the Governors whose domains showed
inky black on the suffragist map. Mrs
Brannan pointed TO New York with the
remark that there was the blackest OF
the lot Gov Dix was not present to hear
her. but he IL expected tomorrow TO
deliver an address on THE Inheritance
Tax and State Comfy"
Gov Hadley OF Missouri started the
regular programme with an address on
sThe Right Of the State to Fix lntrastate
Traffic Rates" He said the question
now pending before the supreme Court
OF the United States was perhaps the most
important with which that court had had
tn deal in recent years The Importance
and far reaching effect OF the decision
to be rendered could hardly be over
estimated, he said III the right Of regu-
lation Of the rates Of transportation in
intrastate commerce shall bc denied the
several States" he said. "then there will
be enjoyed by the railroad companies
the right TO fix interstate rates Of trans
portation free from any supervision or
regulation
Gov. Hadley went over the history
~ railroad rate regulation and came TO
the deCisirh Of Justice Sanborn in the
Minnesota rate cases. He denied the cor
rectness of Justice Sanborns findings
and doubted that the Supreme court
would accept II
-The old question Of State rights" he
said, "the question Of the right of State to
dissolve in so far as il is concerned the Fed
eral compact, is OF interest only from the
standpoint Of history. That question
was settled by the terrible arbitrament
of civi, war. But the new question of
State rights or the question OF, State
authority is a vital and important Ques-
tion Of law and public policy for us as II
people to decide. and which II IL peculiarly
our duty as the representatives OF the
people to discuss and consider.
Gov. Aldrich Of Nebraska. vino drew up
the Nebraska railroad commission law
that was knocked out 10y IL decision of
Justice Sanborn. followed with an ad-
dress on the same topic. Before he had
been talking five minutes the Governors
began to look at one another in surprise.
Ii was the first time since the house Of
Governors was organized that any men,
her spoke 50 savngely OF the Federal
courts or referred so particularly to an
individual Judge.
He started OF by saying that it has be-
come quite the thing for some courts TO
arrogate to themselves the authority
that was vested in the several States and
in Congress. Even the Supreme Cour,.
he said. has gone into the Legislative bus-
Federal courts of inferior jurisdiction to
invade the provence and rights OF
sovereign States by subterfuge. cunning
device and fallacious reasoning and thus
the government OF States depriving then,
Of their right to control their own interna
commerce.
Then Gov. Aidrich attacked Justice
Sanborn Of the United States Circuit
Court Of Appeals for holding that the
enjoined from exercising it's functions.
He seems to be the presiding genius. "
said the Nebraskan. "over the Court Of
Appeals whose particular function IL to
regulating rates and charges for inter
state commerce. He is autocratic.
When court decisions disturb and even
override our entire scheme Of government
II il time to call halta cast about our
selves for a remedy to check q usurpa ton
that may in the near future develop into
q calling tyranny il allowed to go on un-
changed. II this indefensible position OF
Justice Sanborn in the Nebraska case
were the only one he had taken in this
with all charity and say it was simply a
mistake. simply an inexplicable error of
Judgment but when this gentleman ren
ders a decision along the same line in
each and every case We are justified in
saying that he believes in nullifying by
court decisions the sovereign powers Of
each OF these States.
Il say that when any court. whether
1t be the United States Supreme Court
or a court Of inferior Jurisdiction con
tinually makes effort by judicial decision
to do that which the people and the people
alone have right to do l say that such
a court is seeking to establish Judicial
tyranny.
Probably a whole lot Of this trouble
Gov. Aldrich continued. .'-comes from the
fact that in many instances these inferior
courts are composed of lawyers who owe
their position not so much to legal attain
ments and profound lea rning as to poitica
service rendered. That explains why
in 80 many instances these court opinions
eound very like the argument Of a lawyer
who holds the brief Of a railroad com
/: pauy rather 'Jan an important inf1uentia
and powerful. osition at the hands OF the
judicial syste n OF our country
Nebraska, concluded Gov. Aldrich
will respect courts and court decisions
but it demands that court opinions stay
within we'll marked lines and respect the
sovereign power Of these States. At al
times II asks the courts TO do homage
10 the scheme OF representative govern
ment Let the courts remember tina
as tyranny in a car"
A dozen Governors shook hands with
Gov. Aldrich when he took his seat and
congratulated him on he speech. Judge
Harmon was one of them. The Judge
told the Ncbraskan that he had presented
the case admirably.
DIR. Anna Shaw arrived just then and
held the attention OF the conference
for half an hour with her arguments fol
woman suffrage. but at lunch time the
Governors conferred IN corners and il
was apparent that q surprise was being
planned for the afternoon session
At 2:30 p. NJ Gov Francis f. McGoverr
OF Wisconsin read his paper on state
Control of Public Utilities" in which hs
insisted on rigid supervision OF public
service corporations. There was u full
attendance at the session. The young
Governor of New Hampshire. Robert
p. Bass. had arrived in the morning anC
had been introduced all around to hi'
colleagues. Plasted OF Maine had gons
home and Vess.y OF South Dakota was
absent for some reason, but twenty -sil
Governors faced the chairman for the
afternoon, Gov. William Spry OF Utah
when he recognized Emmett O'Neal OF
Alabama.
Governors who had talked with O'Neal
Hoke Smith Of Georgia, Judge Harmon
Woodrow Wilson. Aldrich and others a
l. hat. ~