Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-05-23
INDICATING AN EVIL.
Senator Wilson, of Iowa, Points Out
Dangers of 0ver-Legislation.
A RAPIDLY GROWING PRACTICE.
Rights and Privileges of the Individual to
BeCOnSidered.
EACH LAW MAKES A DEMAND FOR MORE.
WRITTEN FOR THE DISPATCH J


pie of the Republic OF the United States of
America there has ever stood most accu-
rate interpreter of the purposes of its crea-
tion. From the beginning this interpreter
has had but one answer to all inquiries.
The formula of the never-varying response
which every inquirer has received was pre-
seribed by the sovereignty which erected
the Temple, and has continuously dwelt
therein To citizen and alien, to the seri-
Gus inquirer and to the frivolous skeptic, to
the defender of political faith and to the
promoter of diseord the answer has ever
been:
We, the people of the United States in or
der to form a more perfect Union, establish
justice, insure domestic tranquility, provide
for the common defense, promote the gen.
eral welfare and secure the blessings of lib
erty to ourselves and our posterity, do or
dain and establish this Constitution for the
United States of America.
1t is not my purpose to enter upon gen.
eral discussion of the many delegated and
implied powers which lie imbedded in the
several articles and sections Of the Con-
stitution of the Republic to which this ever
present answer introduces all inquirers.
"
express delegation are vast in extent, leav-
ing out of view those which pass to it by
implication But il is well to keep in mind
the Jealous care which walked hand in hand
with the patriotic men who formulated the
Constitution which the people adopted. AS
evidence of this companionship We find
among the delegations of powers TO Congress
by the Constitution, clause which evil
IDENTIFY was intended TO guard against the
,s,l, hnx- 4ho1r rTrrIr0
in geneTalizatiOns, and which declares that
The Congress shall have power
to make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers, and all other powers
vested by this Constitution in the Govern
ment of the United States or in any depart
ment or officer thereof
Certain Limitations to Be Observed.
This delegation of power is broad, far
reaching and effective. STILL it is subject to
limitations. 1t is not to be exercised with
out restraint. 1t has its proper field in
which to operate, and beyond which it may
not 90. What are the limitations, restraints
and boundaries which ever attend it? How
shall We ascertain them?
Every person who has made inquiry at
the door of the constitutional Temple of the
Republic has been told that one of the pur-
poses of its erection was to promote the
EtUtFnl NGillTe. ARE We 10 u1utTsldllu
that this imports that Congress may enact
laws without restraint or limitation in re-
spect of any subiec5 which any citizen,
combination of citizens, class or interest
may declare to be within the domain of the
general welfare? If this be so, then there are
no limitations, restraints or boundaries to
the power in question. Such q discovery as
this would be a most threatening portent.
1t would open the doors of legislative
power 10 all of the products Of the evils
which so often attend the operations of or
ganized society, and which so frequently
have their origin in the minds and purposes
of those who least deserve TO be Entrusted
with the affairs OF government. Shouldthis
Republic ever reach such q iuncture as this,
then indeed would IL cease TO promote the
general welfare" and become the prey of
reckless schemers and conseienceless agi-
tators.
That there are tendencies present in the
conditions existing in this country which
indicate a movement in the direction sug
gested, no conservative student of the ac-
tivifies of these times can fail to detect.
The most active factor in the case is the in
ereasing demand for legislation. 1t has be-
come a common practice with the Origina-
tors and supporters of every new theory of
action and Of the formulators and promoters
Of schemes of whatever kind or character, to
AT once demand legislative action for the
accomplishment OF the ends they have in
view.
A Rapidly Growing Practice.
They do not stop to inquire whether or
not the thing demanded would if granted
be promotive of the general welfare. Suf-
1icient unto them is their desire to promote
the interest of the particular theory or
scheme they have in view regardless of the
effect it may have on the general welfare
No close observer of the proceedings in
Congress and in the several State Legisla-
lures will fail to notice how rapidly the
practice indicated is growing Too often
success attends these movements, which
only tends 10 increase their number.
it is no sufficient answer to this sugges-
tiOn TO say that no permanent harm can re-
suit to the country from this growing ten
dency of the times, by reason of the judi
cial supervision of the courts over all legis-
lative action The student of. history must
often have noticed that the courts from time
to time have changed the course of the judi
cial current by reason of the force Of pcpu-
lar movements. This may not frequently
occur. but whenever it does it intensities
the demand for repeated changes. Hence,
absolute reliance cannot be placed in the
direction Of the judicial current, and this
fact tends TO intensity andtmultiply the de-
mands for that character of Legislative ac-
tion which fails TO take account of constitu-
tional limitations, and is bringing the coun-
try into a condition of over-legislation:
This is an uncertain sea for nation and
State to enter upon. 1t is not only uncer-
tain, but also positively harmful. Once en-
tered upon, the self-reliance of our people
viii diminish. They will gradually drift
away from their observance of that forcefill
aphorism which admonishes them that ''self
help is the best help A community COM
posed Of individuals who will each adopt
that aphorism rs a guide of personal con-
duct and keeping in line and harmony with
the true Specification of the constitutional
phrase which places the general welfare
Limitation on the legislation to which it ap-
plies, will always be blessed with public
order and prosperity, and avoid the dangers
which ever attend over-legislation.
No Law VIII Execute Itself.
Over-legislation engenders a habit of dis
regard of the duty of the citizen to give his
fair share of effort to the proper enforce
ment of the law. No law, no matter how
wisely framed it may have been, Will ex-
ecute itself The wisdom of statesmen has
never discovered any automatic device for
the enforcement of law. If the law relates
to criminal conduct, it will remain a mega
tive force, when violated, until some officer
or citizen shall put it into active opera
tion. If it deals with the civil right and
privilege of the citizens, it has not the
power to appear in court and of its own
motion, demand that the party in interest
shall enjoy the remedy which its provisions
contain. In either case the practice of the