Arizona republican., 1911-09-15
Statesman From the Shim- mering Plains of Ne braska Tells Convention of Governors Where They Are Wrong.
JUDICIAL BODIES
 ARE LEGISLATORS
That's the Bugaboo That Stirs the Nebraska Ex- ecutive to Take a Whack at Country's Established Order.

SPRING LAKE, N. J. Sept. 14- Governor Chester IT. Aldrich of Ne braska. author of the Nebraska rail way rate law. addressed the convcn- tion of governors to-day on "The Right of the States to Fix Interstate Traffic Rates" Governor Aldrich made plea for state authority in the reGula- tion of public utilities. and gave the results of the operation of the Nebras- ka rate law to illustrate his argu- ment.
 We have just read in a recent de cision. of r-tion- wide importance" said he. where our supreme court has gone into the legislative business. l. is now becoming quite the thing for federal courts of inferior jurisdiction to the supreme court of the United States. to invade the province and rights of these sovereign states by subterfugc. cum ming device. and faIlacious reasoning and thus nullify state laws and tie mp generally the government of the states. dcnriving them of their right to con trol their own internal commerce.
 "The right to enact statutes and reg uIate such corporations to the end that only just and reasonable charges may be made. is inherent in a sta leSis- lature for that commerce which lies wholly within it's borders. and the pow CT and duty to say what is reasonable and just when such an issue is ten ] T.s rfeTsr ture. but upon the courts of this land.
 "In other words. the idea that courts can legislate either directly or indi- rectly is repuGnant to our entire | scheme of government. When court, 1 in an issue rendered. has said that certain rate or fixed charge is unjust and unreasonable then it has used its power to it's fullest extent. and the Overwhelming weight of authority es tablishos these propositions. and when ever a court steps outside of this par ticular province. it is not only auto cratic. but may be accused justly of tarrogating power and authority that | belongs to another department of our government.
 T am here to say that the legislation of to-day, as carried on and regulated | by the several states of this union is. in the main. just and equitable and fair and that railroad companies doing 1 business to-day under these regula- tions are prosperous.
 "As a notable instance of this. I call your attention to my own state in its regulation of the common carriers therein. I here make the assertion that under the regulation through the 1 freight rate law. the passenger rate law. and tho railway commission. the railroads of the state of Nebraska are on a bette. busincss basis and on bet fer terms with the people ot the state and do business with them lnorc satiS- factoriIy than they have ever done be- fore in the history of their existence.
 "The railway commission of NcbraS- ka has been in force and effect for four years. More than a thousand orders and Judgments have been ent- cred during that time by this commits sion affecting the common carriers land the public. Of the $50 judgments land orders that have been entered hy the commission of my state. only two Iof them have been appealed from. They have forced a better service; have forced the railway companies to build many new depots. to re-ballast their tracks. to make various connections lhave forced them to change time
 schedules. have made them put on ltrains and have done innumerable
 things for the general betterment oi
 the service of the company and the
 public.
 q know not what other states may do: I know not what other states may
 think. But I can speak for my own
 state and say that she demands the
 right and the privilege to be allowed
 to do the things which her sovereign
 ty. her independence. and her liberty
 says she may do.
 q say that my state will not only
 insist but it will carry forward, at any
 and all hazards. its inherent govern
 mental functions and in doing this
 it stands in line with an unbrokcn chair
 of decisions coming down from tho
 highest judicial body in the land, iron
 the earliest day to the present.
 Tt will respect courts and court de
 cisions. But as condition precedent to all this. it demands hat court opin-
 ions stay within well marked lines an,
 respect the sovereign power of these
 states in the regulation and control O
 their own purely internal commerce.