The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-09-20

Court against what they consider an
invasion Of States righs by Federal
Court.
The decisions of Judge Sanborn in
the Minnesota rate case is the par-
ticular invasion to which the Cover
nors object BY ther action they es-
tablish a precedent in American his
tory.
Judson Harmon, Governor of Ohio.
former Attorney General Of the Uni
ted States. will head committee of
protest. His colleagues will be Her.
bert s. Hadley Governor Of Missouri.
and Chester H. Aldrich, Governor of
Nebraska. The motion to appoint
such a committee to voice the views
of the conference was made by Gov
ernor Emmett ONeal, of Alabama,
which placed the membership at FIVE.
Action was declared unanimous, al
though Governor William w. Kitchin,
of North Carolina, the twenty-fifth
delegate. who alone opposed it. did
so, he said. solely because IT would
be a departure.
Governor Harmon supplied the ORR
ginal suggestion for the plan, accord
ing to Governor O'Neal. In the sharp
debate which followed the measure
introduced. Governor Harmon took
no part.
Introduction Of the motion was en-
tirely unexpected by the majority Of
the delegates. Governor Aldrlch's
ringing denunciation Of what he
termed the invasion Of the functions
and rights Of the State by the minor
Federal Courts. discussed during the
forenoon session. provoked enthusias-
tic applause and was followed In the
afternoon by an address by Governor
Francis E. McGovern. Of Wisconsin,
upon the same topic. With the sub
ject fresh in mind, the Governors
debated the question for an hour or
more before Governor O'Neal intro
duced his resolution.
During his speech, Governor AID
rich referred In terms Of condemna-
ton to the decision of Justice San.
born of the United States Circuit
Court in the Minnesota rate case. He
explained that the point Of the de-
cision was that the States rate law
was unconstitutional, because it had
been enforced without it interfering
with its operation with the authority
Of the Interstate commerce COM
mission. This, he thought, was
clearly an invasion Of States rights
This is measure Of vital impor-
tance to the States" declered Cover
nor O'Neal, land as such it should
be dealt with by the States through
the Chief Executive. The States
ought to act in union and voice the
indisnatoir Of the entire people of
he country before the United States
supreme Court. think that we
ought to apoint a commission to rep
resent us before the Court"
"Why don't you put that in the
form Of a motlon?" asked Governor
James Hawley, Of Idaho.
= Il move. Mr.. Chairman was the
reply Of the Alabama Governor. that
This conference appoint committee
of five Governors to take such action
as may he necessary, before the Unit
"' states Supreme Court to see that
TO rights Of the State are properly
~ 'ected"
opposition was encountered from
Ncral delegates on the ground that
we cNuonses Of the committee could
ot locally he paid pro rata by the
'atC and Governor Stubbs. of Kan
'aS' moved the appointment OF 2
committee Of three. who could en-
nlov weir own States attorney 20
draft such papers as might be neces-
SarN Under his motto the commit
zee was appointed by this confer
"ncc 10 represent the Governors con-
"rence In this case. and file briefs
with the Supreme Court as a protest
against Justice Sanborn's decision"
Governor Hadley of Missouri .sug
gcsted mat Governor Harmon, Of
oh - be appointed chairman Of the
committee Stubbs, embodied the
sugc stion in his motion and included
Governor Hadley and Aldrich as the
TWO other members.
Governor Gilchrist of Florida. at
first opposed, later supported the
amendment as substituted, but urged
that gentlemen sleep on it over
night" and called attention to the
fact that the hour for adjournment