THE OMAHA SUNDAY BEE: SEPTEMBER 17, 1911".
! U !! -! I
Aldrich on the Sanborn Decision
Governor of Nebratka Sharply Criticises Federal Courts for Interfering in
Dehelf of Railroads With Efforts of States to Regulate and Control the
Rates Chapged and Service Rendered in Handling Intrastate Commerce
At tha conference of governors held at
Bi'i-ln Lake. N. J.. last wek, Governor
Aldrl-h of Nebraska delivered an addrees
r.n "The Klcht of the Rtatrs to Fix Intra
state Traffic Kales." This addrexe waa in
moit part oevotPd to the analysis of tha
rerrnt decision of Judge Sanborn In the
Minnesota rata casa, and during Its course
Governor Alrtrlcn rather sharply i-rltlclacd
the court for Its attitude. He said: "It
la now bicomltiS aulte the thine for
federal courts of Inferior jurisdiction to the
supreme court of tha United States, to In
vade the province and rlghia of these
sovereign states by subterfuge, running
device, and falnious reasoning and thus
nullify state laws and tie up generally the
government of the states, depriving them
of their right to control their imn internal
commerce."
With this postulate, the governor went
over the ground of the relatione between
the sovereign states and the federal gov
ernment, outlining tha constitutional rights
of each, and especial the right of tha states
to control Intrastate traffic. The prin
ciples of law Involved he showed to have
come down for many years through courts
holding in unison In support of the right
Of the state to regulate charges made for
public service by public or Quasl-publla
agents, and established in many sustained
decisions as unquestioned. But these pr.n
Clples, he declared, are overlooked by the
federal courts that are now Invading tha
domain of tha states, and seeking to
legislate for then, through the power of
the court. He went on:
"If federal courts are permitted to go
on aa they have been recently In annulling
freight rate and passenger rata atatutea
and wiping every vestiga of state regula
tion off the statute books, I again ask
wherein docs lodge tha right to control
those corporations to the end that only
Just and equitable charges shall be paid
by the public? If, for Instance, a ship
ment of wheat waa made from Hastings,
Neb., from the west central part of the
state over to a flour mill at Omaha, Neb,,
and this wheat being ground Into flour and
again shipped from Omaha up to Long
Pine, Neb,, to a Jobber there, and, suppos
ing the rates charged were exorbitant, un
just, and discriminatory, wherein, I say,
Is the power to control and regulate this
situation?
"If such state control Is wiped off tha
map and the aggrieved parties should ap
peal to the interstate Commerce commls
Ion, oould they go Into a federal court,
and would they not be met wljh tha com
mon carrier with the claim that they have
no cause of action over which a federal
court or the Interstate Commerce com
mission had Jurisdiction, because an the
face of the pleadings, there would not
be a federal queatlon In the transaction?
At most, it would be Incidental and Indl
rect The common carrier Would success
fully hold to the proposition that this waa
not commerce among the atates, but that
It waa a commerce originating In the
tate; therefore. It was not one of the
powers delegated by the states to the
federal government and consequently no
relief could be had. Then, In that and
In all similar cases, the railroads wouM
be without any regulation whatever In
Intrastate business. The states, ao far aa
they art concerned, find too much sym
pathy and tolerance on the part Of tha
federal courts In this county on behalf
of the railroads.
"It will hardly be presumed that tha
legislature and prominent oltlsens of any
state would lend a helping hand or even
dealre such a situation aa that a common,
carrier should be cripple or forced Into
the hands of a reoelver, Aa a rule, men
upon tha various railway commissions of
the several states are persona of tha high
est character and patriotism, conscientious
and scrupulous In all that they do and
vndertake. They know tha importance of
having tha railroads thrifty and prosper
oua and naklng legitimate dividends upon
actual investments,
"Tha trouble is that the managers of
these common carriers overlook an all-Important
proposition and that Is that the
Shippers, the producers, and the common
carriers have a common cause and should
be common friends; that they are mutually
Interdependent; that If, by any process,
the one Is crippled and eheeked in develop
ment. It correspondingly atfecta the other;
that each. In the last analysis, must so
adjust their business with each other that
it la placed on a basis of live and et
live ;that freight rates and passenger rates
can be plaoed ao high aa absolutely, In
affect, to destroy the entlrt business,
"On tha other hand, freight ratea and
passenger ratea can be placed ao low that
companies may ba forced Into tha hands
of a receiver. The one la Just aa lament
able aa the other -and no other should be
tolerated, and if left to the publle. such a
Situation will not exist. I am here to say
that tha legislation of today, as carried
on and regulated by the several atatea of
thla union la, In the main, Just and
equitable and fair, and that railroad com
panies doing buslneaa today under these
regulations are prosperous.
"Aa a notable Instanoe of this, I call
your attention to my own state In Its
regulation of tha common carrier therein.
I here make the assertion that under tha
regulation through the freight rata law,
the passenger rata law and the railway
commission, the railroads of the state of
Nebraska are on a better business basla
and cm better terms with the people of the
tat and do business with them mor
satisfactorily than they have ever done
befor In the history of their existence.
Under tha l-cent far law the flgurea will
how that the buatnesi of Nebraska In
paaaengei traftlo has greatly Increased.
"X say here, without fear of successful
ontradiction, that tha following, which
Is a copy of the Nebraska freight rate
law, ) fair and Just and equitable. It will
be noticed that thla law is not a hard and
fast rule, but possesses the element of
Criticizes Federal Judge
;-
i :
I. .... M
i
CHESTER H. ALDRICH.
0
ua P Bails y.
Sanatorium
Thla Institution la tha only on
In the central west with separate
building situated In their own
ample grounds. yet entirely
distinct and rendering It possible
to classify cases. The one building
being fitted for and devoted to the
treatment of noncontagious and
nonmental diseases, no others be
ing admitted. The other Rest
Cottage, being designed for and
devoted to the exclusive treatment
of eelect mental cases, requiring
for a time watchful care and spe
cial nursing.
elasticity and will adapt Itself to the
changing conditions of trade and business,
which prevents the charging of rates which
are unjust and non-remunerative,
"ection 1. It shall be unlawful for any
railway company or common carrier, op
erating or doing business in the state of
Nebraska, te uharge, collect er reoelve for
the transportation of live stock, potatoes,
grain and grain products, fruits, coal, lum
ber or building material in carload lota,
within the state of Nebraska, more than
eighty-five per cent (So per cent) of the
amount fixed in the classification and
schedules of such railway companies or
common carriers for the transportation of
auch property In force and eftect on their
varloua lines of railway on January 1, 1907,
until after the Btate Hallway commission
shall have provided a greater rate upon
any article or property In such schedules
from the rate herein fixed,
"Seotlon 2. The Btate Railway commis
sion shall have the power to hear and
determine whether or not the freight rate
upon any article or articles In such
schedule or classification of rates is either
ao high as to be unjust to shippers, or to
low as to be unremuneratlve or unjust to
any common carrier effected thereby, and
upon complaint, in writing of any person
or corporation aiieciea mereDy, par
ticularly specifying the article or articles
upon which auch rates are either too hlgli
or toe low and the facta in connection
therewith, aaid railway commission shall
aet auch cause for hearing and upon a
trial thereon and a full hearing after notice
thereof, shall either raise or lower the
rate herein fixed upon auch article or
articles, to the fid that the same shall
be Just and reasonable to all parties con
cerned. "It will be noted by the provisions of
this measure that has been In force and
effect in my state for four years last past
that there Is not a Single arbitrary and
unjust provision la it. and that It Is the
experience of any common carrier doing
business in that state it the rate therein
provided I unjust "and nonremuneratlve,
all that he has to do, is to make a com
plaint to the railway commission showing
all the facts and that commission will be
foroed to change the rate therein provided
and fixed and establish a rata that la
Just and equitable to all parties coucerned.
"It so happens that-your speaker Is the
author of this measure, and in framing It
and making Investigations I became con
vinced that It would be Impossible to fix
a hard and fast rule, an absolute statute.
lowering freight ratea generally, as . it
would be sure to do, because volumes of
buslneas cjhanga, commercial conditions
and commercial relations change and what
would be a Just and equitable rato today
or this year, one year or two yeara from
new, under changing business conditions
and short crops and by reason of expendi
tures, would be a rate which at that time
would be unjust and non-compensatory,
And so I said that if a law eould be framed
that had the element of elasticity; a law
that eould adjust Itself and become adapt
able to all of these ohanglng conditions
and relations as aforesaid, that would be
a law that at all times would be Just to
the shipper and Just to the common carrier,
'When such a law is uponthe statute
books can It be aald that the legislature
which passod It was radical, wild-eyed
and had a desire to hurt business? Suffice
it to say that so well has this law worked
In my state that not a single complaint
has reen filed by the common carrier or
the shipper before the railway commission.
It Is true that there Is an action now
pending In the United Btates circuit court
of appeala wherem It la sought to nullify
thla law absolutely. In the beginning this
action was commenced In a formal way
to preserve their rights to litigation In
case It should ever be necessary, and there
was not any intention in the beginning to
push th matter. But of late the common
oar tier are pushing thla case for a hear
ing. They have been greatly encouraged
by the wholesale annulment of state stat
utes by the recent decision In Minnesota
slid other states.
"Notwithstanding tha fair treatment, and
notwithstanding that the old bitterness
that onoe existed between the public and
the common carrier has been abated and
satisfactory business relations are main
tained today, yet It seems that the direo
lors and stockholders of the cast are In
sis tan t that their western managers push
this ease to a conclusion. Thay seem to
have an unalterable and insatiable thirst
to do business without regard to law. In
other words, tha policy of these common
carriers In general Is that they should not
be regulated or In any way controlled In
making classifications, schedules and
charge for transportation of property any
more than the merchant who sella grocer
ies, clothing, and dry goods should be
controlled In the prices at which he sella
"The railway commission of Nebraska
haa been lu force and effect for four years.
More than 1.V0O orders and Judgments have
been entered during that time by this
commission effecting the common carriers
and the publle. Of the 850 Judgments and
orders that have been entered by the
commission of my stats, only two of them
have been appealed from. They have
forced a better service; have forced the
railway companies to build new depots, te
re-ballast their tracks, te make various
connections, have forced them to change
schedule, have made them put on trains
and have done Innumerable things for the
fniioTiiEn dig bargain day
in tho Johnson & Flodman
Bankrupt Stock of Tlcn'G Apparol
Bankrupt
This stock of high (trade men's Clothing. Shoes and Furnishings Is
moving very fast, but there are still many splendid ralurs awaiting you
here.
Don't Delay Come Here Monday
And obtain the greatest values In men'a apparel you ever bought.
Men's and Young Men's Suits and Overcoats
36.50, $8.50, $12.50, $15.00
These very same garments wrro formerly priced at twice the above
prices. New fall clothing of the finest grades to fit all sizes.
Dress Slilrts, values to I. 60, at 85S 69 nd 3f
Men's Hocks at 10c. 0 1 5
15c Collars at 3 for '. . . . 25
Men's Fall and Winter Underwear, worth to 1.00, at 37?
Men's Trousers, worth to $4.00, at $1.45 and D5
Men's and Boys' Caps at 35 and 1)
Men's 2.fl0 Hats at $1.45
Hhoes, Gloves, Overalls, Furnishings, etc., all going at Great Reductions.
214-216-218
N. 16TH ST.
FORMERLY NOVELTY SKIRT COMPANY
Soecial Values in Ladies'
Fall Suits and Coats i
Several eastern manufacturers' sample lines, purcnasca at special
reductions of 33 Vi to 60 per cent off, on sale on the same basis on which
they were bought.
SPLENDID FALL SUITS MID COATS
$10.00, $15.00, $17.50, $10.75
Regular selling prices from 83 to 50 per cent more. These are
anappy rail garments and being samples, they are tailored better than
the regular garments. In most instances there are only one of a kind.
Ladles 'and Misses' rannma Hklrts I l'hisli Coats at $14.08
at 91.08 Made of rich plush, baudsomely
House Dresses, worth 11.60, at t9 I trimmed.
VISIT OUIl NKW M1LL1NKKY DKPAKTMENT SKCOXD FLOOR.
Our Madc-to-Orricr Department Is making hundreds of garments
every month for many of Omaliu's best d retted women.
Baits to Order 25.00 $30.00 S35.00
Skirts to Order $0.00. $7.50. $10.00
Every garment guaranteed perfect In fit, quality and splendid
man tailoring.
THE
NOVELTY OORilPAWY
214-216-218 X
N. 16TH ST.
CLOTHIERS TO MEN AND WOMEN
ES22E3i2Ea3aEiSaEBE
ganeral betterment of the service of the
company and the public.
"In the beginning, the railway oom
panlea of my state want Into the federal
court and triad to enjoin state officers
from the enforcement of this law. The
case was tried out on ita merits, and on
final hsaring In the United atatea elroult
"court of appeals, Sanborn presiding and
associated with him were Adams, a cir
cuit Judge, and Carland, a district Judge.
The two Justices, Adams and Carland,
upheld the law and Justice Sanborn dis
sented. "The Issue presented in 'that case was
that the Nebraska Railway commission
had made some classifications and
schedules affecting grain rate shipments.
It notified the railway company of Its In
tention to fix and establish these rates,
but, mind you, no ratea had been fixed
or established and none In any way agreed
upon. The common carriers succeeded In
getting a temporary injunction. It was
heard on Its merits In the district court
and the final hearing waa had before the
United Btates circuit court of appeals. Tho
issue tendered by the common carriers was
simply this: that an Injunction eould issue
to control In advance the exercise of the
legislative power of a commlaslon.
"Th was an unwarranted position; a
position against all authority, because
there is no better legal principle estab
lished In this country than that a legist
ttve body cannot be enjoined in advance
from proceeding to make laws within the
seope or its Jurisdiction. And again It la
clear that the weight of authority is
avainat Justice Sanborn, but he is of the
opinion that tha Nebraska railway com
mission should be enjoined from exer
cising Its legislative and governmental
functions provided for it both by the
legislature and the constitution, and they
are both well within the clear provision of
the law of this country. Notwithstanding
all this. Justice Sanborn dissented. And I
mention it In this connection for the rea
son that he seems to be the presiding
genius over this court ef appeals, whose
particular function la to annul every ves
tige of state control In regulating rates
and charges for Intrastate commerce. The
position that thla justice takes la not only
autocratic, but he has not given one sin
gle authority in the whole realm of Juris
prudence upon which to base such a dis
senting opinion. It would have bean In
teresting, had tha learned Justice written
an opinion on this proposition, but he
was content te simply dlasent without
giving reasons.
"This Nebraska Railway commission la
a legialative body and was acting well
within tha scope of Its authority. He. by
diasenting, presumes that this commis
sion would fit an unjust and Inequitable
rate If It fixed any at all, a position that
no eoUrt has a right to assume. If the
learned Justice had had the same experi
ence with railway commissions that the
people have had with certain eourta In
nullifying state government he might have
been warranted in assuming the position
that he did. History, fact and precedent
are all against his position. There is no
ease anywhere to be found that upholds
his dissent. Such a position as he took In
that case may well be regarded aa the
source and origin of the clamor for the
recall of Judges.
"If It be said that a provision for the
recall of Judges Is too drastlo (which I
concede to be the case), I answer that a
radical and herolo treatment Is often neces
sary to cure a radical wrong. When oourt
decisions disturb and even override our
entire scheme of government It is time
te call a halt and cast about ourselves for
a remedy to check a usurpation that may,
In the near future, develop into a galling
tyranny if allowed to go cn unchallenged.
If thla Indefensible position of Justice
Sanborn, in tha Nebraakg case, were the
only one he had taken In this class of
litigation, we might pass it by with all
charity and say It was simply a mistake-
simply an Inexplicable error of Judgment
But when this aentleman renders a deci
sion along the same line In eachand every
case we are Justified In saying that he
believes In nullifying, by court decisions,
the sovereign powers of each of these
statea.
"This Imperial federation of union and
liberty under which we live is the most
complete, the roost satisfactory, yet de
vised by man. These sovereign states In
having delegated to a great central gov
ernment certain rights, and having re
served unto themselves all of the powers
not granted, have more than a century
of auccessful experience in representative
government; have, during all of this time.
controlled, finally, with Justice and equity
their completely internal affairs, as pro
vlded for by the, fundamental law of the
land, as expressed by the entire body of
people of the entire country.
"And If any change Is desirable or Is
sought by a majority or more of the
people of , this country,, there are certain
well marked and well duflned lines of
procedure to accomplish t; but suffice
it to say that It never has been nor waa
It ever intended to place se momentous
a renponsibllity en any one man or' set
of men.
"Therefore, I aay that when any court,
whetber It be the United States supreme
court or a court of inferior Jurisdiction,
continually makea effort by a Judicial
decision to do that which the people and
the people alone have a right to do, than
I say that such a court Is seeking to
establish Judicial tyranny. And if allowed
to proceed unchallenged along the line of
this unwarranted assumption of power,
representative government will simply be
that In name only.
"In this connection, ' I . invite your at
tention to an examination of an elaborate
opinion recently written by Judge Sun-.
born heretofore referred to In the Min
nesota freight and passenger rate cases.
"An examination of this opinion discloses
the fact that It Is based upon the general
propositions: First, that the rate law re
ducing rates on freight traffio Is a reduc
tion of from 10 to 25 per cent and that the
rate so provided in nonremuneratlve, as Is
also the 3-cent fare law. He finds that the
Minnesota maximum rate law would net
annually to the Northern Paclflo Railway
company 3.S per cent, to the Oreat Northern
1.55 per cent, and to the Chicago, St, Paul,
Minneapolis & Omaha l.7 per cent.
"It is Interesting to note again, in connec
tion with the discussion of Judge Sanborn's
Judicial opinion, that this sweeping and all
Important decision la baaed on a valuation
of the railroads, fixed by three real estate
agents and the employes of railroads, and
apparently disregards the physical valua
tion of the roads placed by the state. The
atate of Minnesota, at enormous expense
and with much pains in detail had care
fully appraised tha railway properties of
the state by having them gone over by
men of the greatest competency and ef
ficiency; men who were Impartial and
skilled experts along this line of work. Yet
their testimony, was apparently discredited
and thrown to the winds, and the weak,
prejudiced, Incompetent statements of these
three real estate agents and railway em
ployes Is given all force and consideration.
"The second proposition Is that, admitting
the rate law would met the railroads re
muneratlve rates, ' he holds that the same
are void by reason of the fact that they
directly regulate and substantially burden
interstate commerce. In coming to this
conclusion the learned Judge bases all of his
reasoning and argument upon the effect
that these rates have upon certain towns in
the border line between Minnesota and
North Dakota.
"The position that the court takes in this
regard has never been passed upon by the
United States supreme court. It is true
that the supreme court has handed down
many decisions and applied the rule that
atate laws must not regulate Interstate
trafic, but it has never decided whether or
not a substantial reduction In freight and
passenger rates that affected certain cities
only acroas the border of a state that was
reducing Its freight and passenger rates
was such an Interference of Interstate com
merce as to nullify the law. In all pre
vious cases which the United States su
preme court has passed upon It has always
taken Into consideration the general volume
of traffic and as to how this was affected
over an entire state by the regulation In
another state.
"Another important matter In this Min
nesota case, worthy of note, Is that Judge
Sanborn, In determining that this statute
was void because It was a regulation of
Interstate traffic, is that he did not con
sider how and in what way thla Minne
sota rate affected the volume of traffio
(Continued on Page Five.)
DISFIGURED
WITH
AND
CRUSTS
Eczema from Top of Head to Waist,
Suffered Untold Agony and Pain.
Doctors Said It Could Not Be Cured,
Set of Cuticura Remedies Success
ful When All Else Had Failed.
"Some time ago X was taken with eczenie
from the top of my head to my waist, it
beisn with scales on my bedy. I sudered
untold itching and burning, and could not
sleep. I was greatly disfigured with scales
and crusts. Uj ears looked as if they had
been most cut off with a rasor, and my neck
was perfectly raw, I sudered untold agony
and pain. 1 tried two deotora who said I
had eczema In Its fullest stage, and that It
could not be cured. I then tried other rem
edies to ne avail. At last, I tried a set of
the genuine Cuticura Remedies, which cured
me. Cuticura Remedies cured me of ecsema
when all else had failed, therefore I cannot
praise them too hlgbly.
"I suffered with ecsema about ten months,
but am now entirely cured, and I beltere
Cuticura Remedies are the best skin cure
there U." (Signed) Miss Maltle J. Hhafler,
R. F. D. 1, Bex , Dency, Miss., Oct. 27, 1810.
"I had suffered from errcma abvut four
years when boils began to break out on
different parts of my body. It started with
a fins red rash. My bark waa affected rst,
When It also spread over my face. The itctilns
Was almoit unbearable at times. I trka
different soaps and salves, but nothing smiiwo
to help me until I began to use the Cuticura
Soap and Ointment. One box of them cured
rne entirely. I reeemiuended Jhem te mr
sUter for her baby who was troubled wli.
tooth ecsema, and they completely cured
tier baby." (Signed) Mrs. T. L Uarberget,
PrehersTUle, Sept. S, 110.
Although Cuticura Soap and Cuticura
Ointment are sold by drucclsts and deeleis
everywhere, a liberal sample ef each, alia
lJ-pje booklet un the skin and hair, Wi'l
be acnt, post-free, en application to Tetter
lrug A CktiBw Cera Dept. eB, Bests.
"fa
ff vo r c d
" few" go
abroad for their
fashions, but
"HIGH-ART"
Clothes fetch
the fashions of
the Continent
right to your
door. The Suits
and Overcoats
made by
"HIGH-ART'
tailors are pre
cise counterparts
of the "crea
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steep-cost
" drap
era .
fell V. V ' tt, .
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; I II . V
1
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ART' Clothes, plus "honor-tailoring" that makes the
style, which is alluring at hrst glance, enduring to the
last hour.
HIGH-ART' Clothes are on view at nearly every shop that sets
satisfaction to the customer above mere sale. Find the "HIGH"
ART" label in the breast-pocket of the coat.
A Pictorial Exposition of the season's most applauded modes has
been set aside for you. Write for it to
STROUSE & BROS.
Makers of "High-Art" Clothes
BALTIMORE. M D,
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51 - la
Omaha
Agents
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