The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-08
FOR THE BIG ISTHMUS CANAL.
Mitchell Of Oregon Makes Mas
terly Argument.
Senator Turpie's Skeptical Qbjec-
tons Refuted.
Unanawarabie Commercial Rssscns for
tho Construction OF tho Great
Water Highway.

president pro tenn, Ransom was chosen
president pro tenn of the senate today.
The oath of Office was administered by
the Honorable Senator Morrill,. Ransom
briefly thanked the senate for its ex-
preston of con fdence. 1t was due to-
himself to say that on the return of the
distinguished senator from Tennessee
(Harrs), who had been elected prssi-
dent pro tenn, he should ask to be re-
lieved from the position. The presiding
officer then called Msnderson to the
chair, aud resolution was adopted au-
thorizing the secretary OF the senate to
inform the president OF the United
States and the house of representatives
OF its action regarding the election Of the
presiding officer.
George and Butler opposed Lodges
resolution calling on the secretary of the
navy for Information as to why the
United State5 werships had been with
drawn from Hawaii PETER then made
epeseh on the service pension bill,
after which the senate proceeded to g
consideration OF the Nicaraguau canal
Dill. MllcuSli VI OrOkbH auQfOebHN bbO
eonste. Ia substance he aeid:
MITCHELL ANSWERS TUEPIE.
Mr.. Mitchell summed up the objec.
tione Of Mr.. Turpie to the canal and
answered each in turn. He first took up
the point made by Senator Turpe that
the bill WAS unconstitutional. and made
strong argument. He said:
''Since the early history of this gov
eminent, in the absence of other aygu-
ments, the unconHtitutionality of O
measure has been the shibboleth in
voked by those who desire its defeat. l
shall not assume, however, that such is
the sole purpose in this instance, but
this objection is urged in good faith by
the distinguished senator OF Indiana
and ia deserving of notice and answer.
"Whatever may be the constitutional
power of the government to guarantees
the pay ment of the principal or interest
or both obligations OF purely private
corporation, it is clear such is not the
proposition now before the senate. The
senator from Indiana ia in error in
assuming that such ia the proposition.
He is wrong in both assumption of the
fact and Logic in likening it TO propo-
sition to guarantee the obligation of one
of the states Of the union. While in
one sense the Maritime Canal company
OF Nicaragua is mere private corpora
ton, holding its charter from the con-
gress of the United States, it is quite
different the aspect in which it is pre-
sented in the pending bill. Endowed
with the functions with which this
measure clothes it and being the cestui
qui trust of important government
rights and franchises in virtue
OF invaluable eubventions from two
foreign republics, it is at once trans-
formed from mere private corporation.
8 mere person, into a medium through
and by which these great sovereign
powers exercise certain public functions
and perform certain grand governmental
purposes,
FOR COMMON DEFENSE.
SIT ia no longer the mere depository of
certain individual rights and interests;
no longer the mere trustee or agent OF
private property and individual personal
rights, but the necessary and proper de-
pository of important governmental
rights and interests, the collected and
appropriate fundamentally through
and by which the government exercises
certain important public functions, the
grand purposes of which are to provide
for the common defense, promote the
general welfare and regulate commerce
with foreign nations and among the aev-
eral states.
$50 far. then. from this being a pro-
position to guarantee the payment OF
bonds of o private corporation, as eugs
gested by the senator from Indiana, and
thus promote mere private or personal
nd ia n inr 70 nrc ptac n
bonds of great public corporation in
tended to advance not only great ma
tional but important international inter-
ests.
by the specific provisions OF this bill
it 10 not likely that exceeding per cent
of the atoek will be ever held by private
persons and not exceeding 2215 per cent
can ever by any possibility be 80 held.
while 70 per cent will be held by the
United States, 6 per cent by Nicaragua
and IL per cent by Costa RIGA, and
15M per cent by the Maritime Canal
company. OF this latter amount, of
course, the United States, Nicaragua and
Costa RIGA will own and control II % per
cent
'The constitutional queetiou present.
ed, therefore, is not whether the govern
ment has power to guarantee the pay
ment of the obligations of private per-
son, firm or corporation, but whether in
the ample plenitude of it's power it has
the constitutional capacity to do that
which ELL must concede tends directly
and in immeasurable degree to promote
commerce, which ia included in the
power TO regulate commerce.. not only
with foreign nations but among the ssv-
eral states, and which tends, moreover,
as will the construction of the Nicaragua
canal, to add incompsrably to our ma
tional provision for the common defense
and the promotion oft general welfare.
CONSTITUTIONAL POWER.
twill it be said that there is no con-
stitutional power in congress- TO do this
The distinguished senator, while con-
ceding inhibition in the constitution
against it. inssts very properly the ms
terial question should be: Is there any
thing in the instrument allowing, per-
uniting or authorizing it? and then as.
Huming there is not he triumphautly de-
clares the silence of the consultation is
as obligatory as its utterances.
1.-The senator neglected to mention the
fact that there are many Incidental
grants of power in the constitution
which are operative. forceful and bind
ing 40 are those that are granted in ex-
press terms. The constitution, for,
tunately for the present and future
rrosparitv the nnwer tho 0~opdauv ond