Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-15
Rights of States Usurped-
Declares Governors Confab

SPRING LAKE, N. j., September 15-
Governors of twenty-four states Of the
Union. in conference here, voted yester-
day afternoon to unite in protest to the
United States Supreme Court against
what they consider an invasion Of the
states rights by the inferior federal
courts.
The decision Of Judge Sanborn in the
Minnesota rate case Is the particular in
vasion". to which the governors object
Judge Sanborn Of the eighth federal
judicial district, in deciding the Mime
sofa rate case against the members Of the
Minnesota state railway commission,
pointed out that the necessary effect of
the reductions ordered was substantially
to burden and directly to regulate inter
state commerce, to create unjust dis
ordinations between localities in Mime
sofa and those in adjoining states in vio-
Constitution. and to take the properties
of the railroad companies without just
compensation, in violation of the four
teenth amendment to the Constitution.
Judson Harmon. democratic governor OF
Ohio and former Attorney General of the
United States, will head a committee OF
protest His colleagues will be Herbert
Chester H. Aldrich, governor of Nebras-
ka, both republicans. The motion to ap-
point such a committee to voice the views
of the conference was made by Gov.
Emmett o'Neal OF Alabama. Action was
declared unanimous, although Gov. VIII
liam w. Kitchin of North Carolina, the
twenty fifth delegate, who alone opposed
it, did SO. he said, solely because 1t would
be a departure from precedent.
Denunciation Arouses Enthusiasm.
Gov. Aldrich's ringing denunciation OF
what he termed the invasion of the func-
tions and rights Of the states by the
minor federal courts, heard during tho
forenoon session, provoked enthusiastic
applause and was followed in the after
noon by an address by Gov. Francis E..
McGovern Of Wisconsin, upon the same
topic. Gov. Hadley of Missouri also up
held the right Of the state to fix intra-
state traffic rates. With the subject
fresh in mind, the governors debated the
question for an hour or more.
This is measure Of vital Importance
to the states,'' declared Gov. O'Neal.
land as such 1t should be dealt with by
the states through their chief execu-
tives. The states ought to act in union
and voice the Indignation of the entire
States Supreme Court. l think that we
ought to appoint committee to repre-
sent us before the court
why don't you put that in the form
of a mOtion?" asked Gov. James Haw-
| ley Of Idaho.
Conference Appoints Committee.
Il move, Mr.. Chairman was the re-
ply Of the Alabama governor. that this
| cnn mt a INIT 0f fSyo
| governors to take such action as may be
necessary before the United States Su-
preme Court to see that the rights of the
states are properly protected
| 1t was decided to appoint a committee
/ of three. Gov. HadleY OF Missouri sug-
gested that Gov. Harmon of Ohio be ap-
| pointed chairman of the committee. Gov
| Stubbs embodied the suggestion in his
motion, and included Gov. Hadley ano
Plans of the Committee.
i Gov. Aldrich said last night that the
| members of the committee will go before
i the Supreme Court in their capacity az
governors and plead that the inferior fed
| eral courts are meddling dangerously
/ They will ask the Supreme Court to upse
1 Justice Sanborn's decision In the Mime
1 sofa rate cases now before the Supreme
/ Court on appeal. and will be prepared, ht
i said, to lay before Chief Justice White
and the associate justices evidence thai
/ Justice Sanborn decided the case axains
q preponderating weight of expert opinion
| and ,nclusions. Argument will be mad.
by all three. said Gov. Aldrich. The com
mittee hoped. he said. to get a reversa
in the Minnesota cases. but its chief ain
! was to impress the Supreme Court tha
4 states governors "~e aroused over the
multiplying by federal courts Of states
rights