Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-04-02
GOVERNORS FILE
BRIEF IN COURT
Supreme Tribunal to Deter
mine States Right to
Regulate Business
HARMON DRAFT OFFERED
~ SUBSTANCE pAl,T OI APPEAL
FROM SANBORN DECISION
N MIMI sofa RATE
CASES

~ associated Press
Washington. n. C., April Tho
right Of a sovereign state 10 regulate
business, including railroads within
i,s borders was the burden OF brief
which Governors Harmon OF Ohio,
Hadley Of Missouri and Aldrlch 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
IudTe Walter Sanhorn's decision in
the Minnesota Railroad case involv-
ing the right OF a state 10 regulate
commerce within its borders.
The three governors we're empow-
cred 10 act as a committee on state
rights AZ the conference Of governors
az Spring Lake, y. Y, last September
and were then authorized to seek TO
intervene IN the Minnesota rate case
The controversy IN the courts ac-
cordng TO the brief which was draft
cd Nv Governor Harmon and which
was Immediately filed with the clerk
az the court, involved no conflict be.
tween the States and the Federal au-
thoritv but the more extraordinary
question OF whether railroad rights
supercede and dominate state rights.
The dlcision ~ Judge Sanborn, tho
brief contends. took the power ~
states 10 regulate railroads from the
states and left the railroads frce' 10
charge whatever rates they please In
their traffic within the states. He
took the stand that II state cannot
regulate the railroads within its bor
ders then there was no power n reg
ulatc the mat all
In conclusion the governors dis
cussed the broad questions OF stat
and interstate commerce and said
In this as In all other cases where
inconvenience arises from the divis'
ION NJ powers between state and ma
tion. the only safe and sure reliance
Is In the intelligence, resoGrceful-
ness. patience and common interest
Of the American people They will
adjust their business 10 conditions
which result from the form OF gov
eminent they have themselves adopt
cd and require their agents In each
branch " II TO cooperate harmoni-
opslv and heartily.
"Onlv the short sighted, and they
are comparatively few. VIII believe
that commerce among the states can
sain any real or lasting advantage at
,he expense OF local commerce. or
that local commerce can thrive long
II a, all. from interference with gen
eral commerce, even though, by the
indirectness Of It's effect such inter
ference NAV escape the condemnation
Of the law.
"The Fourteenth Amendment pro
,eets the rights OF carriers from in
yasion under the guise OF regulation
Nv either state or nation. II is not
always easy 20 find the line which
separates the domain of public au-
;hority from that Of private right.
put this Is not 50 hard as II would
10 10 trace the indirect effects ci
regulation by the states and by con-
rress back and forth across the boun-
hary of their respective jurisdictions
The boundary itself Is plainly mark
I'd We no have 10 Go with admin
is,ering the judicial power have IN
especial charge the covenant OF thc
union and our plain duty Is 20 see
that this boundary Is respected. leav'
ing further responsibility to the peo'
ple OF the country and the agencies
they have created for the regulation
NJ commerce. state and interstate"
The appealed case grew out OF that
az Shepard versus Simpson in which
the Minnesota railroad regulations
particularly the two cents mile pas
senger rate Law. were attacked as
confiscatory. Judge Walter sanborn
Who heard the case in the Federal
rc,r, hold that eVercise Of the right
Of states TO regulate railroad rates
NAV be enioned hv the courts be-
cause Of the actual or probable et'
feet which II may be shown to have
on interstate commerce through the
operation of those engaged or condi'
rions Of competition. location of COM
mercial centers and railroad lines aHd
ot what we're called business necef.
stiles" The local rates fixed bv that