The commoner. (Lincoln, Neb.) 1901-1923, April 03, 1908, Page 5, Image 5
V "' ',",t f 11 The Commoner. 5 XPRIL 3, ltOt w u Are States to Be Stripped of All Power? Tho railroads won a great victory in a do jcision rendered by the United States supreme fcourt March 23. The story told in a Washing Jon dispatch to the New York American follows: States' rights received a staggering blow today from the supreme court of the United States. That tribunal decided the laws of Min nesota and North Carolina seeking to regulate rates on intra-state freight and passenger traffic ,-were unconstitutional, by upholding the juris diction of the federal courts to inquire into the .confiscatory nature of state rate laws. The supreme court gave the railroads their first big victory since the days when the federal government and the states began their crusade against them. The Minnesota freight rate law, passed last year, was declared unconstitutional in that it Imposed such largo fines and such long impris onments $5,000 and Ave years on railroads and officials that the courts were practically closed to them. Justice Harlan, in a 12,000-word opinion, dissents on the ground that the proceeding in the Minnesota case is a suit against the state and, therefore, not permissible under the con stitution. He says: "Neither the words nor the policy of the eleventh amendment will, under our former de cisions, justify any order of a federal court, the necessary effect of which will be to exclude a state from its own courts. Such an order, at tended by such results, can not, I submit, be sustained consistently with the powers which the states, according to the uniform declarations of this court, possess under the constitution. "I am justified, by what this court has heretofore declared, in now saying that the wise men who framed the constitution and who caused the adoption of the eleventh amendment would be startled by the suggestion that a state of the union can be prevented by an order of a subor dinate federal court from being represented by Its attorney general in a suit brought by the state in one of its own courts; and that such an order would be inconsistent with the dignity of the states as involved in their constitutional immunity from the judicial process of the fed-? eral courts (except In the limited cases in which they can constitutionally be made parties in this court), and would be attended by most perni cious results." In the North Carolina case the action of Justice Pritchard, of the United States circuit court, in dismissing James Wood, an agent of the Southern railroad, from jail, where ho has been sent for violating the state railroad law, was sustained. The court said that Justice Pritchard, having assumed jurisdiction in the case questioning the legality of the law, had the right, and it was his duty to see that nothing interfered with the determination of the ques tion in his court. In both the cases Justice Har lan alone dissented. As a result of the decisions, Attorney Gen eral Edward Young, of Minnesota, must pay a fine of $100 for contempt of the federal court of Minnesota, which found him guilty of at tempting to enforce the Minnesota freight rate law, after the federal court had enjoined him from so doing. Young invited the contempt proceedings to test the law. Justice Peckham, in the opinion, said: "By reason of the enormous penalties pro vided in the rate laws, by way of fines against the companies, and imprisonment of their agents and employes, the companies were in effect pre vented from ever questioning the validity of those laws, as the risk of confiscation of prop erty and imprisonment of agents in case the companies failed in their defense was too much to undertake in order to obtain a judicial de cision of the question of such validity. "Such laws are, therefoi-u, held unconsti tutional, as they prevented the companies from resorting to the courts, and, therefore, deprived them of the equal protection of the laws. "The question of .the sufficiency of the rates to enable the company to obtain some return to its stockholders for their investment has for many years been held to be one for the courts to decide, as it would bo a violation of the con stitution of the United States to fix rates so low as to be confiscatory if enforced. "The laws providing rates for transporta tion of passengers and freight in the two cases under consideration have been held by the courts below to be so low as to be substantially confiscatory, 'and should therefore not be en forced until after further trials. Tho courts had jurisdiction to make such an order. "It has also for many years been hold that a suit is not one against the state, although it prevents a state officer from bringing suits for tho enforcement of a state enactment which fixed rates so low as to bo confiscatory, and which act was therefore a violation of the con stitution of tho United States, and this principle is reiterated and again decided in these cases. "Tho jurisdiction of tho federal court in such cases is only exercised where tho stato en actment is alleged to be a violation of tho con stitution of tho United States, and in such case it is proper for those courts to take jurisdiction equally with the stato courts, as the constitution of the United States Is by Its own provisions tho supremo law of the land, anything in any stato constitution or law to tho contrary notwithstand ing, and there is no usurpation of jurisdiction In such event. "The same duties rest upon tho state courts, and tho party had his choice of forum without any invidious distinction against the state courts and In favor of the federal courts because of his choice of the latter. "When a federal court has taken jurisdic tion of a case before any proceedings in a state court has been commenced tho former court has authority to decide the case, and to enjoin any person from proceeding in a state court until the federal court has proceeded to judgment. This Is also a well established right of a court of equity, and no new ground Is taken In this case." "ABANDON STATE GOVERNMENT" Attorney General Young of Minnesota, commenting upon the decision said: "From the fragmentary report that I havo seen of the decision of the majority of the court and the dissenting opinion of Justice Harlan, It would seem that the decision of the majority overturns all former decisions as to the Immu nity of states from suit, and In effect repeals the eleventh amendment. "If a stato, in exercising its governmental powers, can be controlled by federal injunctions sued out by the railroad companies, the state governments might as well bo abandoned and the inferior federal courts be placed, in charge of all state affairs. As stated by Justice Harlan in his dissenting opinion, if an injunction can be upheld in this case it can also bo used to prevent grand juries from finding indictments against persons who violate any criminal law of the state. "There seems now to be but one recourse, and that lies In tho recommendation made by the convention of attorneys general last fall In St. Louis. A law should bo passed by congress taking away from tho inferior federal courts jurisdiction in cases where corporations attempt by injunction to prevent the enforcement of legitimate state law3.' "The question of the validity of our rate laws was not beforo the court in this habeas corpus case. The only question was as to the jurisdiction of the federal court to enjoin tho state. As soon as we can get the whole decision we will decide what steps should be taken for the protection of the rights of the people of tho state." Attorney General Hadley of Missouri said: "While the decision of the supremo court of the United States In these cases is princi pally based upon the unreasonableness of the penalties prescribed by the Minnesota and North Carolina statutes its effect is unquestionably to sustain the contention of the railroads. When ever the railroads do not like a state law, they can now have one of their own officials make an affidavit that it would unreasonably reduce their earnings, and thereupon a United States circuit judge can suspend the operation 'of this law un til it can be shown that the law Is reasonable. "If the people of the several states do not want to have the laws that they enact to be subject to the suspensive veto power of the United States circuit courts, they should insist that their senators and representatives in con gress enact tho law recommended by the recent convention of the attorneys general of eighteen states that no United States circuit court should have the right to enjoin the enforcement of any state statute." t?W tV ip$ 2 HOW LONG? The Philadelphia North American, a repub lican paper, declares that the Aldrlch bill "is meant to givo J. Plorpont Morgan, John D. Rockofcllor and Thomns F. Ryan completo mastery of tho money of this eauntYy." The North American also says that "Satan himself never devised a moro wicked cheat nor ono moro pregnant with evil for tho futuro of tho people." Concerning this financial measuro tho North Amorlcan says: "Tho actual result would bo that Morgan, Rockefeller, Ryan and their allies would bo able to raise and lower rates of interest and tho prices of proporty and labor at will. And moro than that, they would bo our political as woll as our caiomorclal over lords, endowed, as thoy would be, with pwer . to precipitate at any time tho worst panic in history as punishment of any disobedience of thoir mandates. Tho whole purpose of tho Aid rich bill Is to make a few men superior to all economic laws and to enable them to turn on and off tho national supply of currency as If it ran from a faucet to bo gripped by no hand save theirs." Tho North American further says: "If there Is patriotism among tho business men of America; If commercial common sonso Is not dead or drugged; If there still oxlsts tho forco of public opinion capablo of being aroused to righteous regard for tho good of tho country and for every honost citizen's self-interest, tho Aldrlch bill will bo killed." Is It not about tlmo for republicans to wako up? 4V 3 fc Jv Washington Letter Washington, D. C, March 30. Tho ono reason that tho Now York World, the Now York Sun, and other servitors of plutocracy are antagonizing Bryan is because thoy boliovo that ho will bo olected. What they want is a democratic nomlnco who can not be elected. They got ono In 1004 and are still singing his praises. For these forces In politics tho con tinuance In power of tho republican party Is en tirely satisfactory. Why? Simply becauBo tho republican party stands for special privilege, and whoever may bo tho president elected upon a republican ticket ho may bo rolled upon to take caro of tho powers of privilege and of pro tection. Washington opinion vibratos botweon Taft and Roosevelt as the probable nominee. Two weeks ago tho general opinion .would havo been that President Roosevelt if he so dosired might take away the nomination from Secretary Taft Today It Is believed that Taft's strength has grown so that the president himself could not prevent his nomination. But will Taft's nom ination be a strong ono? Ho will Inherit, as a senator of his own party faith said to me today, all the weakness of the Roosevelt administra tion and Httlo of Its strength. Secretary Taft will be held quite as responsible for tho presi dent's Impulsive and unjust action In the Brownsville case as would tho president him self. He will bo charged, and justly, of being the originator of the doctrine of government by Injunction. It will bo urged against him that he never has been a candidate for an electoral office beforo the people, but has always served the country as the beneficiary of some president, senator or governor. The story which I have already told of the enormous sums of money being spent In his behalf will not be forgotten, but will grow. He will appear as a presidential candidate created by a president whom h served, financed by a relative and supported for his nomination by men who were coerced by the power of federal patronage into giving him their adhesion. Tho democratic stato convention of Rhode Island held last Saturday was addressed by Senator Gore of Oklahoma who has done as much throughout the states of the north to ad vance the cause of real democracy as any man in public life today. Overcoming or even for getting the physical disability that comes from his total blindness, Senator Gore has gone into every stato where his voice and his brilliant oratory might be of service to the democratic cause, willingly and enthusiastically. Ho is to day a candidate for re-election in his own stato. Ho and Senator Owen were elected at the same time, both being the finest types of democrats and of American public men. It so happened that Senator Gore, in the lottery which Senators elected together must always join in, drew tho short term. What the democratic party In Oklahoma may do no one not a resident of that (Continued on Page 6) i