New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-15
Invasion Of States Rights"
This, he thought, was clearly an in
vasion of states rights. He added:

This, he thought, was clearly an in
vasion of states rights. He added:
We have just read in recent decision,
OF nationwide Importance, where our
Supreme Court has gone into the legislative
business. II is now becoming quite the
thing for federal courts OF inferior jurisdic-
ton to the Supreme Court Of the United
States to invade the province and rights
of these sovereign states by subterfuge,
cunning device, and fallacous reasoning
and thus nullify state laws and tie up gen
orally the government OF the states, depriv-
ing them OF their right TO control their
own internal commerce.
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 10 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 courcs can
legislate either directly or indirectly is
repugnant 10 our entire scheme Of govern
ment When a court in an issue rendered
has said that certain rate or fixed
charge is unjust and unreasonable, then II
has used its power TO ITS fullest extent,
and the overwhelming weight of authority
establishes these propositions, and when
ever a court steps outside OF this particu-
lar province IL is not only autocratic. but
and authority that belongs to another de-
partment of our government.
/ am here to say that the legislation or
to-day as carried on and regulated by the
several states Of this union is, in the
main lust and equitable and fair, and that
railroad companies doing business to-day
under these regulations are prosperous.
/ know not what other states may do;
know not what oth-r states may think.
But | can speak for my own state and say
that she demands the right and the privl-
lege 10 be allowed TO do the things which
her sovereignty, her independence and her
liberty says she may do.
| saw that my state viii not only insist.
but II will carry forward, at any and all
hazards. its inherent governmental func-
tious and in doing this IL stands in line
with an unbroken chain OF decisions COM
ing down from the highest judicial body
in the land. from the earliest day 10 the
present.
Put as a condition precendent 10 all this.
II demands that court opinions stay within
well marked lines and respect the
sovereign power OF these states In the
regulation and cOntrOl or tnelr own purely
internal commerce.
Al all times IL asks these courts 10 do
homage To the scheme OF representative
government ard let the courts remember
that tyranny clothed in the garb Of judicial
errnine has features as hideous as though
I'm the hands of cZar
"This is a measure Of vital Importance
10 the states" declared Governor O'Neal.
"and az such II 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
people Of the country before the United
States Supreme Court | think that we
ought 10 appoint a committee TO repre-
sent rs before the court"
'"Whv don't you put that in the form
az a notion" asked Governor Hawley
Of Idaho.