Omaha daily bee., 1911-09-15
sANBoRN DECISION OVER GOALS
Criticism Pronounced on Doctrine
Therein Propounded.
COMMITTEE TO BRIEF THE CASE
Harmon, Aldrioh and Hadley Are
Named Upon It.
MISSOURI EXECUTIVE SPEAKS
Declares Regulation of Transporta-
tiOn Rests with state, and Not
with National Government
aud IL vital Problem.

SPRING LAKE. N. Y, Sept 1.-The
governors conference adopted this after
noon a resolution appointing Governors
Harmon Of Ohio Hadley of Missouri and
ldrich OF Nebraska a committee to file a
brief of protest, on behalf OF the governors
Of the United States with the federal SUI
preme court against affirmation Of Judge
sanborns decision IN the so-called Ne
braska case.
The han was crowded with the wives
daughters and female friends OF the execu-.
tives Of the various states. II was an oc-
casion when the advocates Of suffrage held
the stage.
Mrs Van Wrinkle read a petition to TIE
governors. Representing the militant wing
Of the party. she demanded that each state
executive, including Governor Woodrow
Wilson. come into the open with his views
and 'in the light Of pitiless publicity
align himself with one side or the other
Of the question.
No formal action was taken and Mrs.
Van winkle sat down amid applause.
Governor shafroth of Colorado announced
that DR.. Shaw had been detained and prob
ably would not reach Spring Lake in time
to address the gathering.
Nevada's divorce laws need revision and
| improvement according TO its governor
Tasker Oddie who is i'll OF appendicitis
and unable to attend the meeting. but who
sent a telegram to Secretary Jordan voicing
| his views.
Governor AIdrich Speaks
Governor Herbert S. Hadley of Missouri
spoke on The Right of the state to Fix
Interstate Traffic Rates" He was followed
by Governor Aldrich of Nebraska
Governor Aldrich made a plea for state
authority in the regulation Of public util-
tiles and gave the results of the operation
OF the Nebraska rate law TO illustrate his
| argument
1--WE have just read in a recent decision
of nationwide Importance, said he,
where our supreme court has gone into
the legislative business. 1t is now becolh-
ing quite the thing for federal courts Of
interior jurisdiction to the supreme court
of the United States. to invade the province
t.and rights of these sovereign states by
| subterfuge, cunning device, and fallaeious
! tie up generally the government OF the
states. depriving them of their right TO
control their own internal commerce.
Power of the Legislature.
The right to enact statutes and regulate
such corporations to the end that only
Just and reasonable charges may be made
is inherent in a state legislature for that
commerce which lies wholly within its
borders, and the power and duty TO say
what is reasonable and Just when such an
| issue is rendered. devolves not upon the
legislature but upon the courts of this
land.
In other words, the idea that courts can
legslate either directly or indirectly is
repugnant TO our entire scheme of govern
ment. When a court, in an issue rendered.
has said that a certain r ate or fixed charge
is unjust and unreasonable, then it has
| used It's power to its fullest extent and the
overwhelming weight Of authority estab-
| lishes these propositions, and whenever
court steps outside OF this particular
province, it is noh only autocratic. but may
bs accused justly of arrogating power and
authority that belongs to another depart
| ment of our government
Il am. here to say that the legislation Of
today. as carried on and regulated by the
several states Of this union is, in the main,
just and equitable and fair and that rail
road companies doing business today under,
these regulations are prosperous
Experience in Nebraska.
"As a notable instance Of this call your
attention to my own state in its regulation
OF the common carriers therein. here
make the assertion that under the regula-
tiOn through the freight rate law, the
passenger rate law and the railway com
mission the railroads of the state OF Ne
braska are on a better business basis and
on better terms with the people of tho
/ state and do business with them more
satisfactorily than they have ever done
before in the history Of their existence.
| tsTTpdar 70 IaN ~ 81
| figures, for the months OF January, Febru-
ary, March and April. will show that the
| business of this state in passenger traffic
/ has greatly increased
STATE
| Ticket Conductors