New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-16
JUDGE COOLEY ON CONSTITUTIONS
CoMPARED-THE RIGHT CT CONGRESS
TO REGIuATr COMMERCE.

TO REGULATE COMMERCE.
Albany, Jan. Is (special.-The annual meeting o.
the State Bar Association held In the Assembly
Chamber this afternoon. The Chamber crowded
with prominent judges and lawyers. Martin W.
Cook, president Of the association made brief adj
DRESS in which reviewed the work Of the association
during the last year. Among those who listened to
the address of Judge Cooley, Of Washington, we're
Judges Rugcr Finch, Peckham, Earl, Gray, Danforth
and Andrews, and exJudgo Miller, Of tue Court Oh
Appeals; General Roger A. Pryor. Senators Veddcr,
Laughlin, Linson, Coggeshall, Hawkins, Robertson
Sweet Cantor, Foley, Assembymen Robert Kay
Hamilton, Green, whippe, Acker Van Gorder, shee
han, Hunting, saxton, Adams, Blnmeathal, Martini
Andrews Draper state Superintendent Of Education
Colonel Elliott Il. shepard, Elbridge T. Gerry, ID. j.
Dean. ex-Judge william II. Arnoux, Arthur l.. An
drews and Julien T. Davies. Judge Cooley spoke
for nearly an hour on Comparative Merits of Written
and prescrptve CONSTITUTIONS and said In part
Tina establishment of the Federal Constitution
whether we regard 1t in the light of Its undouotcd
benefits to tho people immediately concerned, t 1r
consider It's more remote influence upon the lnst-
utons of other countries, act Of rganization
and Of government with which, for valuy ana III
portanee no other In the history VI lAhkno "
'0p good constitution should be plan and certain
In its principles, and as lar - posSiDi7 HoS i~'
u'S good constitution must be of gadual lorna,
~ the people, and be the natural and deloeIste
expression Of their thoughts wishes and a rsV ,s
In gGysru% constitution sn 70 Be SUPERIOR for
that Is necessarily the growth Of time. .nor,,on
he mowers Of government between the several depart
ments and such clear lines OF ds'inetloh ,hs
10 nreyent collisions and usurp ations. IL 10 IN US
spportonment that the superior advantages o. 1ns
written constitution, are mos es issisre wheSes
il be monarch parliament Is almost an. 81, nnst abey
supreme % ~sssn As 1Sr i sa q consaon
right as may be made from time to tune arc ~, 10
,a q, Be ssspSsS At power S under the wn
stutiou, for that power limited IN o e bersod the
ana every .ssi, iSle words. and may be treated ss
null by ali cinicns whether In pubic OF Pf''"''
''~'' good constitution should be beyond the Ieas.
n iemporary- excitement and popular caprice 90. %
passion The onwrlt,en Is d p,seedens may grow
up from abuses before the sober second .ha .ssns
come The written ns sGnP oasb with and aere is
,ims for temporary passions TO cool and ior ehcrs
sns % az .st Is ee e the Sss Value
s. change in ;: sssTr ny 10 for
order of nature good CONSTITUTION e aan may BE-
hastily concudi the unwritten has Ss ssss.i
We have found the better w when We n, nave nav a.
erme whether the time Is ripe for chance sy,a ana hs
what The chance shS BE- OF Of iecs
The power TO regulate Interstate commerce VIII
the Constitution was adopted had 50 ts 5or ne
Slightest forensic discussion How Is IL Today ~
application Of steam to locomou9n and OF eleeteh
u
in goyernment as IL has in the industrial world " IS
the Federal Government, whose iuncuohs az hst c1u'
cerned the citizen In his private relations 50 reJeD,
which now through It's control over Internal anu GA
ternai transportation, its cheap and rapM pos's scr
vice its taxes that reach us all ana rsch ~ oi'e,
s absolute control of tho currency ard inc not revo
probability that 1t may grasp Win us
nowcrs stu other subjects which consluuto punpo
conyenicnces; Il IS the central government ranos
than the state that now seems 10 stana Dcterc 'ns
neonle As the chief representative oil PUBIC orocr s
rnvernmeuta vlgor and as III, posse,sor OF genera.
rsther than OF exceptional and particular powers ~
NAV he that by and by the Federal Legislature, sur
yeviug the field OF interstate commerce. ana 'anins
noe Row state commerce encroaches upon ana in'er
mnrins with H. crowding Il IN the same venlcies on
he same roads sharing with II Ia the same oAp,nses'
he rates which are imposed on the one hecessan al
sect,ng the rates taa b. accepted on ne Quiet.
and helnc handled az inc same time % ne Same
hanas nndrr the same Official CONTROL VIII come 10
the eoncluson that separate rcs slhuoh % s'ess
eom,ncrce n,ist necessarily he, 10 some extern. -
ie,st and may be 10 large extent nconssloht Win
ron lee federal regulation OF the commetce hs' ~
,ntcr,.,te should that conclusion pe rcacncn w
Ec,lcraI LEGISLATURE Is not unlikely 10 isM % Vs..
eo,nnete regulation OF tho whole and II " snaii no
60 n viii hut add another 10 the many husa',ons
aIreadv IA be seen IN history which go 70 eno.
Row vast "a the elcc that may rightny DC eiec'"t
within the bouhds OF single federal powers, winch ~
arst seemed OF little importance.
This evening there banquet AZ the Dcis's"
House. which was attended by about 100 guests
Speeches were made in response to appropriate toas