SEPTEMBER 22, 1911
3
The Commoner.
Protest Against Invasion of State's Rights by
the Federal Courts
Governor Chester H. Aldrich of Nebraska
"started something" In the governors' con
ference at Spring Lake, N. J., when he attacked
the decision of Federal Judge Sanborn in the
Minnesota rate case and called for action by
the governors.
As the result of Governor Aldrich's address,
Governor O'Neal of Alabama moved the ap
pointment of a committee to take such action as
may bo necessary before the United States
supremo court in order that the rights of the
states may be properly protected.
The following governors wore appointed on
the committee: Harmon of Ohio, Hadley of
Missouri and Aldrich of Nebraska.
Referring to the Sanborn decision Governor
Smith of Georgia said: "If the decision of Jus
tice Sanborn becomes the law of this country,"
then the twilight zone will so broaden that we
will never see daylight again in the regulation
of passenger and freight rates. Once this
question is decided this way, the states' rail
road commissions will be emasculated and then
we will return to that condition where the
interstate commerce commission will have no
control of Intrastate rates, and the carriers can
do exactly as they please." m
The Associated Press gives the following
synopsis of Governor Aldrich's address: Govern
nor Chester H. Aldrich of Nebraska", author of
the Nebraska railway rate law, addressed the
convention on "The Right of the States to Fix
Intrastate Traffic Rates." Governor Aldrich
made a plea for state authority in the regula
tion of public utilities, and gave the results of
the operation of the Nebraska rate law to illus
trate his argument.
"We have just read in a recent decision of
nation-wide importance," said he, "whore our
supreme court has gone into the legislative
business. It 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 subterfuge, cunning device, and falla
cious reasoning, and then nullify state laws and
tie up generally the government of the state,
depriving them of their right to control their
own internal commerce.
"The right to enact statutes and regulate
such corporations to the end that only just
and reasonable charges may be made is in
herent in a state legislature for that commerce
which lies wholly within its borders, and the
power and duty to say what is reasonable and
just when such an issue is tendered, devolves
not upon the legislature, but upon the courts
of this land.
"In other words, the idea that courts can
legislate either directly or indirectly is repug
nant to our entire scheme of government. When
a court, in an issue tendered, has said that a
certain rate or fixed charge is unjust and un
reasonable, then it has used its power to its
fullest extent, and the overwhelming weight of
authority establishes these propositions, and
whenever a court steps outside of this particular
province, it is not only autocratic, but may be
accused justly of arrogating power and authority
that belongs to another department of our
government.
"I 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 business today under these regulations
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
freight rate raw, the passenger rate law, and the
railway commission, the railroads of the state
of Nebraska are on a better business basis and
on better terms with the people of the state and
do business with them more satisfactorily than
they have ever done before in the history of
their existence.
"Under the two cent faro law, the following
figures will show that the business of this state
in passengor traffic has greatly Increased.
STATE FIGURES
January, February, March and April.
Conductors
Ticket sales cash ticket
State. collections.
1908 $1,348,127.03 $71,051. 5G
1909 1,578,812.57 05,372.30
1910 1,021,815.71 GG.517.98
1911 1,G30,9G5.02 00,340.35
"The summary for the same months in the
same years on all roads in the state shows the
following interstate ticket sales and cash fares
collected by conductors.
INTERSTATE
Conductors'
Ticket sales cash ticket
Interstate. collections.
1908 $714,841.47 $10,793.47
1909 844,033.99 11,000.30
1910 903,219.19 8,749.15
1911 915,241.95 7,307.19
"The railway commission of Nebraska has
been in force and effect for four years. More
than a thousand orders and judgments havo
been entered during that time by this commis
sion affecting the common carriers and the
public. Of the 850 judgments and orders that
have been entered by the commission of my
state, only two of them have been appealed from.
They havo forced a better service, have forced
the railway companies to build many new depots,
to reballast their tracks, to make various con
nections, havo forced them to chango time
schedules, have made thorn put on trains and
havo done innumerable things for the general
betterment of the service of the company and
the public.
"I 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 de
mands the right and privilege to bo allowed to
do things which her sovereignty, her Indepen
dence and her liberty says she may do.
"I say that my state will not only insist, but
it will carry forward, at any and all hazards,
its inherent governmental functions and in doing
this, it stands in line with an unbroken chain
of decisions coming down from the highest
judicial body in the land, from the earliest day
to the present.
"It will respect courts and court decisions.
But as a condition precedent to all this, it de
mands that court opinions stay within well
marked lines and respect the sovereign power
of these states in the regulation and control of
their own purely internal commerce.
"At all times it asks these courts to do hom
age to the scheme of representative government
and let the courts remember that tyranny
clothed in the garb of judicial ermine has
features as hideous as though in the hand of
a czar."
i
INITIATIVE AND REFERENDUM BEFORE
THE GOVERNORS
The governors of the various states met in
conference at New Jersey. The governors had
a particularly interesting time over the Initiative
and referendum. The New York World says:
The experience meeting of the governors of
twenty-four states, with Governor Cruce of
Oklahoma as presiding elder, was enlivened by
a spirited verbal battle between Governor Wil
son of New Jersey and Governor O'Neal of
Alabama regarding the "caprice of tho ma
jority" and "mob rule," by a spirited attack on
the divorce evil by Governor Carey of Wyom
ing and a pitiful plea for sympathy by Governor
Kitchen of North Carolina, who has neither the
power of veto, appointment nor removal.
Governor O'Neal and Governor Morris of
Montana had read distinctly reactionary papers
on tho necessity for granting more power to
governors, when Woodrow Wilson led an attack
on them, in which Governors McGovern of Wis
consin, Aldrich of Nebraska and other western
executives joined.
"There is a movement that seems to be
gathering strength in certain sections of the
union," said Governor O'Neal, "which tends to
weaken rather than to strengthen executive
authority, and that is the system of initiative,
referendum and recall. The governor has no
power to veto or nmond law initiated by tho
peoplo and adopted by referendum. If tho law
Is in violation of tho constitution, invades vested
rights or destroys individual liborty tho only
remedy can be found in tho courts; and whoro
tho system of recall of judges prevails, over
throwing an it docs tho Independence of the
judiciary, tho courts would degenerato Into tri
bunals organized chiefly to register popular
judgment on all legal questions. "
"INSIDIOUS VAGARY"
Governor O'Neal said that It was pleasing to
know that this "Insidious popular vagary" will
meet with the almost unanimous opposition of
the American bar. Ho said that tho recall would
"convert tho public officer into a spineless and
servile hireling, stirred by ovory passing breeze
of public opinion, oboying every popular Impulso
and yielding to every wavo of popular passion
of prejudlco," and spoke with contempt of tho
"caprice of tho majority," a catch word that
provoked a storm of criticism.
"I havo never scon an instanco whoro tho
registered will of n majority could properly bo
called a caprice," retorted Governor Wilson.
"Nor Is the verdict of the majority 'mob rulo
as it is described by some. A mob is one thing;
thousands of people voting in a thousand pre
cincts quite another thing, and there Is no
chance for confusion of terms. Tho initiative
and referendum, so much discussed, nro not
designed to chango our form of government,
but to rojuvonato tho methods of it. Any
governor is dignified and glorified by going to
tho people as the source of his powor."
Governor O'Neal was on his feet In an instant.
"I would rather stand with Hamilton and
Madison than with some of tho prophets our
states arc turning out!" ho cried. "Lot us not
forget that tho purpose of government Is to
limit tho powor of tho majority, and of consti
tutions to protect the minority from tho tyranny
of the majority. Leaving aside the initiative and
referendum, tho recall of judges would surely
institute mob rule."
GILCHRIST'S WARNING
"Don't you all forgot that tho caprice of a
majority gave you all your Jobs," broke in
Governor Gilchrist of Florida, in a soft southern
drawl, and for the moment there was peace that
followed the laugh from tho two hundred men
and women in the audience.
COMRADES
This Is not tho first time that Mr. Taft has
concluded to be a standpatter. He seems now
to have gone over, bag and baggage, but It
looked so once before. We appeHd a few proofs:
(Mr. Taft at Boston banquet, September 14,
1909.) "Mr. Aldrich, who is the leader of tho
senate, and certainly one of the ablest states
men in financial matters In either house, has
been regarded with suspicion by many people,
especially in the west."
(Mr. Taft at Winona, Minn., September 17,
1909.) "On the whole, however, I am bound
to say that the Paync-Aldrich bill Is tho best
tariff bill that the republican party has ever
passed. This is a substantial achievement in
tho direction of lower tariffs and downward
revision, and It ought to be accepted as such."
(Mr. Taft's letter to L. B. Swift, March 1,
1910.) "Mr. Aldrich Is a great constructive
statesman, and he has done much for tho good
of the country in the legislation he has shaped.
Mr. Cannon is a useful man, also, though not
so useful as Mr. Aldrich."
(Mr. Taft at Providence, R. I., March 21,
1910.) "I am honored by tho presence of your
distinguished senators, Aldrich and Wetmore,
whose services in assisting mo to carry out tho
pledges of the administration and the party I
value most highly."
(Mr. Taft at Washington, April 19, 1910.)
"Senators Aldrich and Halo know more about
the government of this country than any other
man except Cannon."
In trying to fix the president's exact status
in his party it is well to remember that, whllo
he sometimes has tried to be agreeable to the
progressives, he never has vouched for them
as he has for Aldrich and Cannon.
Tho progressives arc men that ho is in tho
habit of criticising. He often reads them out of
the party. When he wants something that they
can help him to he offers them offices for their
friends. It is only when he comes to consider
tho merits of the standpatters and their tariff
revision upward that he deals in superlatives.
St. Louis Republican.
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