The Jeffersonian. (Atlanta, Ga.) 1907-1917, December 19, 1907, Image 1
THE JEFFERSONIAN
Vol. IL No. 47.
Watson Calls U. S. Judges Usurpers
Washington, D. C., Dec. 10.—Hon.
Thomas E. Watson has been shown
many attentions during his visit to
Washington. After lunching with
President Roosevelt yesterday, he was
dined last night at the Higgs hotel
by Representative Hardwick. Pres
ent at the dinner were Senator Clay,
Representative Bartlett, J. F. Usry,
of Thomson, Ga., Mr. Watson’s
nephew.
Mr. Watson today lunched at the
senate restaurant with Senators Cul
berson, of Texas; Tillman, of South
Carolina; Bacon and Clay, of Geor
gia; Representatives Champ Clark, of
Missouri; Bartlett and Hardwick, of
Georgia.
Aside from lunching at the white
house and outlining his financial views
to the President, Hon. Thomas E.
Watson, who was here yesterday, dis
cussed with Mr. Roosevelt at least
two other important subjects in which
the people of the South are inter
ested. He touched upon the way in
which federal judges of inferior juris
diction usurp authority over states
in the matter of railroad rate regu- ♦
lation, and he touched upon the li con
fiscatory” plea the corporation law
years are setting up in all litigation
with the states.
Mr. Watson has decided views on
these subjects, and he did not mince
words in discussing them with the
President. He referred to Federal
Judges Jones, of Alabama, and
Pritchard, of North Carolina, as “ju
dicial accidents,” and claimed that
circuit and district United States
court judges are without legal au
thority to take jurisdiction over a
case brought by a railroad against a
state, or its duly constituted officers.
Congressman Hardwick, of Georgia,
has introduced a bill to prevent in
ferior federal courts from taking ju
risdiction in such eases, and the rep
resentatives from several other states
have followed the lead set by him.
When seen at the Riggs house last
night Mr. Watson dictated the fol
lowing interview:
“One subject upon which I spoke
to him was the way in which federal
judges of inferior jurisdiction had
usurped jurisdiction over states in
suits brought them by private indi
viduals or corpations. By the act of
1789, a clause which was introduced
by Oliver Elsworth, of Massachusetts,
provided that any suit to test the
constitutionality of a state law should
be brought in the state court, and
that by writ of error, such a case
might be carried from the Supreme
Court of the state to the Supreme
Court of the United States.
“The original act of 1789 is still
ra part of the law of the land, there
fore, a federal judge of inferior ju
risdiction, such as a district or a cir
cuit judge, has no legal right what
ever to take jurisdiction of a case
brought by a railroad eorporation
apaiast a state, er itb ceiMitatiosal
A Weekly Paper Edited by THOS. E. WATSON and J. D. WATSON.
authorities. It is gimply intolerable
that judicial accidents like Jones, of
Alabama, and Pritchard, of North
Carolina, should arrogate to them
selves powers which, by the expressed
terms of the laws, are vested solely
in the United States Supreme Court.
Anarchy is Threatened.
“Unless this usurpation of power
by federal judges of inferior courts is
checked by congress or resisted by
the states, anarchy is bound to pre
vail, because of the confusion and
conflict growing out of inconsistent
decisions of the inferior court judges.
“Another * thing about which I
trr.z:. , 'h
I ’ -U $
. ■*
Sfe- JwsMßr
llllill
I • 1 /’iW
Pi ;
■
■■■
-■ A. ' - ■ ■■
•' *' ■
THOS. E. WATSON.
As He Appears Today. From a Photograph Taken by the Times Photogra
pher.—Washington Times. *
talked to the President was the his
toric origin of this confiscatory plea
that the corporation lawyers have
been pushing to such monstrous ex
tremes. In those years preceding the
great charter in England, the vassal
had not .been safe from the arbitrary
seizure of his property and person by
his lord, neither had the lord been
secure from his king; just as the
lord arbitrarily imprisoned his vas
sal! and took his property, to ths
lang imprisened the loris and teak
Atlanta, Ga., Thursday, December 19, 1907.
his estate by force. The great char
ter simply meant to safeguard every
citizen from arbitrary seizures of
property and imprisonment of per
son.
“There can be no confiscation of
property where the owner is left; in
full possession with title unimpaired.
If the laws should be so that
the farmer can not. make a het profit
out of his farm, such a law would be
unjust and should be repealed, but it
does not by any means confiscate the
farm. In like manner, if rates and
other statutory burdens should be of
such a character that a railroad or
other public service corporation could
not make net profits on actual capital
involved, such a law would be un
just and ought to be repealed, but if
the law left the corporation in full
>nssession of its property with title
unimpaired, it is folly to say that the
law is confiscatory.
Confiscation Defined.
“Suppose such a principle as the
corporations are contending for in
theta sontsaatary pleas was reeop
aized as paod law, hew eeuld it
Price five Cents.
duce a tariff schedule? A knitting
mill, for instance, could combat an
act of congress which lowered the
protection it enjoyed by pleading
that a reduction caused a loss of part
of its profits, if not all of them. If
a law of any sort which deprives a
corporation of all its profits is con
fiscatory, a law which takes away any
of its profits is confiscatory, for the
reason that the legislature has no
more right to confiscate a part of the
property than to confiscate all of it,
consequently the logical results of
establishing the principle for which
the corporation lawyers are contend
ing will be that congress can never
lower a single tariff without laying
the foundation for a confiscatory law
suit. ’ ’
By special appointment Thomas E t
XX atson this afternoon conferred
with Secretary of the Treasury Cor
telyou in reference to the financial
situation. Mr. Cortelyou was pres
ant at Mr. Watson’s conference with
the President yesterday, and this
morning arranged for a lengthier con
fab with the former Populist leader.
To what extent Mr. Watson inter
ested the President in his project
’or issuing greenbacks under an old
law which has never been repealed
has not been divulged, but the fact
that Secretary Cortelyou renewed the
conference may indicate that the
president was impressed with Mr.
Watson’s views.
At the conference this afternoon Mr.
Watson urged the secretary to issue
fifty millions in greenbacks to be
scattered throughout the South and
West. He took the position that thia
alone will check the panic, which, he
says, will be most felt next spring,
when the merchants and farmers and
manufacturers will be badly in need
of money.—Atlanta Journal.
NATIONAL FINANCE.
The annual meeting of the Amer
ican Academy of Political and Social
Science, held recently in Philadelphia,
drew together a number of the most
eminent economists and financiers of
the country, men who are the heads
of large banking and monetary insti
tutions and who have devoted their
lives to the practical and successful
handling of large sums of money. The
subject discussed at this meeting was
“The Remedy for the Present Amer
ican System of Banking and Curren
cy. ” There was a consensus of opin
ion that the present banking and cur
rency system of the country is faul
ty and the prevalent idea concerning
a remedy was that there should be a
central bank, after the manner of the
leading European nations.
Mr. William A. Nash of the Corn
Exchange Bank of New York de
clared that a central bank “will put
us on a par with England, France and
Germany, with their benign national
banks,” and Mr. Isaac H. Seligman,
of the well-known banking house of
J. H. Seligman & Co., quoted Lord
Rothschild as saying that this country
(ton tinned an Pape Tweltn.)