The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-09-15
GOVERNORS TOPROTEST.
Committee Will Garry Rate Case
Grievance to Supreme Court.

Spring Lake, N. j., Sept. 15--Gover-
nors of "a states voted to unite in
protest to the United States supreme
court against what they consider an
invasion of states rights by federal
courts
The decision of Judge Sanborn in the
Minnesota rate case is the particular
invasion to which the governors OBJ
ject BY their action they establish a
precedent in American history
Judson Harmon. governor of Ohio
and formerly attorney general OF the
United States, will head a committee
of protest His colleagues will be Her
bert S. Hadley, governor of. MISSOURI
and chester H A1drich, governor of
Nebraska. The motion to appoint such
a committee to voice the views OF Une
conference was made by Governor Efn-
nett O'Neal of Alabama.
Action was declared unanimous, al
though Governor William w. Kltchln,
of North Carolina, who alone opposed
lit, did So he said, sol sly because a4er -
would be departure from precedent
Governor Harmon supplied the orlgl-
nal suggestion for the PLAN accorolns
to Governor O'NeaL II the sharp De
PRODUCTION, Governor Harmon took no
introduction of the motion was en-
tirely unexpected by the majority OIL
Governor Aldrich's ringing denunci-
alton of what he termed the invasion OF
the functions and rights OF the states
bv the minor federal courts, provoked
enthusiastic applause ana was Iolow :
ed by an address by Governor Francls
E. McGovern, CT wisconsin, on the
same topic With the subject fresh IN
mind. the governors debated the cues
ton for an hour or more Detore Gov
Ieruor- Neal introduced the notion
D4Jriney his speech Governor Aldr1ch re
! ferred in terms of condemnation to the
decision of Justice Sanporn; OF .ne on II. y
! case He explained that the point OF
/ the decision was that the state mira
state rate law was unconstlIussl ,,os7+
! Interfering in its operation with the au-
thority of the interstate commerce com
/ mission. This, he thought, was SieaiAS
| an invasion of states rights.
| ..rrbiS ia a measure of vital Importance
to the states" declared Governor y = e a
| ssanJ as such it should be dealt with py
! the states through their CHIEF executives
! T1he states ought to act In unison anc
| voice the Indignation OF the entlre PeopIs
IF the country before the United STATES
| s15nrenae court think that we ought tt
| appoint a committee to represent US De
| fore the court - -
! oral delegates on the ground that the e1'
| nenses of the committee could not lcsaI
~ he Maid pro rata by the states, ant
| Cssv-a-v7rr Sfl1bbs of Kansas, moved th'
| appointfnent Of a committee OF three, ~
| could employ their own state attorney'
| ~ d7-a # such papers as might De neceS
sarv Under his motion, the commute
Tas @appointed by this conference t
a77-eseT1t the governors conference II
MS case. and to file briefs with the su
r7ren1e court as a protest against Josuc'
Sanborn's decision -.
The tventy-four states whose governor
| voted for the motion are: Alabama, Colo
| RADIO Florida, Georgia, loano, Kansas
MARYLAND, Massa chusetts. mississippi
Missouri Montana, NEBRASKA Net
FIampshire, New Jersey, North Dakota
| Ohio Oklahoma, Pennsylyania. Hnoo
| Island. Utah. Virginia Wasnlnsuon' e
| virginia and Wisconsin