Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1900-05-25

Frank ]. Sunderman in Pennsylva-
mia Grit: / read in Washington dis
patches that some leaders of the House
of Congress intended to propose an
amendment to the Federal Constitu-
ton, regulating and controlling trusts,
partnerships and joint stock assocla-
tions. | take this to be an acknowl-
edgement that statutes cannot reach
the subject sought to be governed, and
recognition that there is a way to
make law to fit the case, altogether in
dependent of judicial Interpretation.
Statutes are made by legislative bodies,
and rejected, sustained or modified
by courts. But there is a more funda-
mental law, and that is the Constitu-
ton. What is written there, or put
there by amendment, cannot be r'led
out by any court. Courts may, and
must, determine its precise meaning
and define its scope, but are poweriess
to say that it does not belong where 1t
is-that is it conflicts with other
laws-because if it does so conflict, the
statutes must give way and accom-
modate themselves to the Constitution.
Even if this proposition to amend
the Constitution should go no further
than it has, it would still, in my judg-
ment, have had very wholesome eff
feet upon us all. 1t emphasizes the
fact, so frequently overlooked. that our
form of government vests ultimate
sovereign power directly in the peo-
pie, and prescribes way in which q
good, working majority can, by united
intelligent action, get and do exactly
as they want, no matter how many
bride tainted Judas marked judges
administer law.
The founders of this government
sought to make it stable, and they sue
ceeded. They said there should be no
radical changes unless the greater part
of the nation deliberately wanted
them. But they prescribed that this
majority should always prevail, and
have exactly what it desired. 1t was
to be, as it is, the sole judge of what
sort of law it wants. We all forget
these things. We try to dove-tail a
statute to meet modern conditions into
body of enacted law that took form
before such conditions were dreamed
Of and we never stop TO think that we
can, by going to the root Of the mat
ter, and amending the Constitution,
brush away like cobwebs, all the stat
utes, decisions, and what-nots that
now often stand as impossible barriers
against needed labor legislation. We
forget that the men of rs made a
Constitution to suit themselves, and
were fair enough to write in it that
we, who come after them, have the
same privilege. But to do it we must
; do as they did: Come together, find
I out what we want done, and unitedly
proceed to do 1t.
The resolution as proposed, declares
that all private corporations, copart-
nerships and joint stock companies
in the United States shall be unler
the control of Congress; that Congress
shall have power to define, regulate
e control, prohibit, repress and dissolve
all trusts and monopolies and COM
h binations or conspiracies to monopo-
, lie any part of trade or commerce, ant
:. all contracts, and combinations in
!, the form of trust or otherwise, or con-
: spiracy in restraint Of trade or com
merce; that Congress shall have power
to enforce this article by appropriate
!, legislation; that in the absence Of leg
:, islation on the part of Congress al
- powers conferred on Congress by thi;
article may be exercised by the severa
{ states.