Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1912-04-01
HADLEy- AND ALDRICH AGREE
THREE STATE EXECUTIVES FILE
BRIEF WITH SUPREME
COURT.
BELIEVE IN AMERICAN PEOPLE
DECLARE THEY WILL SETTLE
vExlNG STATE AND MA
TIoNAL PROBLEMS.

Washington, April 1.-The right OF
sovereign state to regulate business,
including railroads. within its bor-
ders was the burden of prief which
Governors Harmon of Ohio, Hadley
of Missouri and Aldrich Of Nebraska,
were permitted to file in the supreme
court today as friends of the court.
The plea of the governors, all of
whom have been active in railroad
legislation and litigation, was in the
appeal from United States Circuit
Judge Walter Sanborn's decision in
the Minnesota railroad rate case in
volving the right of a state to regu-
late commerce within It's borders.
The three governors were empow-
cred to act as a committee on state
rights at the conference of governors
at Spring Lake, N. Y, last Septem-
Der, and were then authorized to
seek to intervene in the Minnesota
rate case.
The controversy in the courts, ac-
cording to the brief. which was draft
ed by Governor Harmon ana which
was Immediately MED with the clerk
of the court. involved no conflict be-
tween the states ana the federal au-l
thority but the more extraordinary
question Of whether railroad rights
supercede and dominate state rights.
The decision of Judge Sanborn, the
brief contends, took the power of
states to regulate railroads from the
states and left the railroads free to
charge whatever rates they please in
their traffic within the states. He
took the stand that If state cannot
regulate the railrods within its bor-
ders then there was no power to reg
ulate them at all.
In conclusion the governors dis
cussed the broad questions of state
and interstate commerce and said:
I'm this, as in all other cases where
arises from the divi-
sion of powers between state and ma
ton, the only safe anS sure reliance
Is in the intelligence, resourcefulness,
patience and common interest Of the
American people. They will adjust
heir business to conditions which re-
suit from the form or government
hey have themselves adopted and re-
Iuire their agents in each branch of it
o cooperate harmoniously and heart
ly.
"Only the short sighted, and they
re relatively few, VIII believe that
commerce among the states can gain
ny real or lasting advantage at the
Expense of local commerce, o. that
ocal commerce can thrive long, If at
Il, from interference with general
ommerce. even though by the in.
irectness Of its effect, such interfer:
nee may escape the condemnation
the law.
"The fourteenth amendment pro-
scts the rights of carriers from inva-
ion under the guise of regulation by
ither state or nation. It is not al
rays easy to find the line which
eparates the domain of public au-
hority from that of pri rate right.
tut this is not SO hard as it wo,sli be
0 trace the indirect effects of regl-
alton by the states and by congress
aclx and forth across the boundary
I their respective jurisdictions The
oundary itself Is plainly married.. We
rho have to do with administering
be judicial power have in especial
barge the covenant Of the Union and
ur plain duty is to see that his
oundary is-respeeted, leaving further
to the people of the
ountry and the agencies they have
'reated for the regulation of com
nerce, state and interstate"