The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-02

Tn cnite of the provision OIL tIle leu
era1 constitution that makes that IN
strument convey to the United states
on1v the powers therein expressly
enumerated. and reserves to the states
all powers not so granted, there mas
been since the war notably, STEADY
ercroacbment by the general govern
mont unon the powers and rights OF
the states. until little is left them eX-
cent the exercise of their police pow
ers with limitations on them where
thew affect certain interstate interests.
Undoubtedly the conception of the rel
ative rights and powers of the states
and the federation was greatly I'M
haired by the insistence OF the SouIh
that one of the rights of state was
tn secede from the Union whenever 1t
deemed it's rights infringed by federal
action. This position, which masked
The real purpose of secession, brought
upon all states rights something OF the
obloouy that attached in the North TO
the one claimed. and dulled the watch
fitness with which the general govern
ment had always been regarded from
the beginning.
The most marked inroad on state
sovereignty by legislation is that which
has developed from the Interpretation
given TO the clause that gives congress
control over interstate commerce.
From it's original purpose of securing
free trade between the states it has
rapidly broadened out, with the span
ming of the continent by railroads and
the naturalization of our Internal
commerce, into a practical control by
congress of all legislation affecting in
terstate trade. States have sought to
evade this under guise of their police
powers, but without avail The orig
inaI package" act, by which congress
waived it's power in favor of Iowa's
prohibitory law, emphasizes the extent
to which state right had become alb
sorbed in national power With the
constant consolidation of the railways,
that promises now to eliminate in the
one great system which, it is said, Mr..
Morgan is forming, this legislation will
be practically transferred from the
states to congress.
While congress has been moving thus
to the absorption of states rights the
federal courts have been moving much
more aggressively, if insidiously. 1t is
over ten years now since Judge Wilson
published his pamphlet calling atten-
ton to this invasion, a warning that
fell on needless ears A pamphlet now
published by Mr.. Newberger, Of the
Chicago bar, collates the decisions that
mark the advance of these courts in
the domain of the relations of employer
and employee, of master and servant, -
as the law phrased it before those
terms became obnoxious This has
come through the same clause of the
constitution giving congress domain
over interstate commerce and the de-
veIopment of railways with terminals
in different states, accelerated by the
receiverships resulting from insolvency
of railway companies and their opera
ton by and under federal courts. This
tendency eliminated in Judge Jenkins
order, which forbade the employees of
the Northern Pacific company from
quitting work, and the order of Judge
Taft compelling employees to handle the
freight of another railway. This trend,
however, received a check In the de-
cision Of Justice Harlan but it is no.
ticeable as indicating the direction of
the movement.
Not less significant was the decision
of Judge Showalter-adhered to by him
upon a motion for a rehearing-in the
Indianapolis case in which he took
jurisdiction of case involving the le-
eality of a state law affecting a state
corporation, and held the state law
unconstitutional, basing his jurisdic-
ton upon the fact that the complain
ant was a nonresident Of Indiana but
was a holder of some Of the capital
stock Of the corporation. The corpora
ton was a street railway company, and
the state act reduced its fares. Should
this decision be sustained by the fed
eral supreme court, it removes not only