The Natchitoches enterprise., 1900-06-28

amendment during the ordinary life
time Uf the youngest member on tit
floor of this House. Aye. with oily unc-
ZION YOU VIII defame the Democratic
party, and in IA truly PecksnIthan man-
ner YOU Will hold alOft your bastard
child of deceit and hvpOcricv and say
''We are the proud fathers of this beau
tiful babe, which the Democratic party
killed at its birth"
Forget 10 tell them that you paid the
money sharks he debt Tint Won contract
ed in the election of 1896 by the passage
of the infamous financial bill and that
YOU are now paving YOUR debt 10 the
| trusts by this cOWardlv MakC shift. which
you never Intended should become law.
But let me say TO rUu that you mis-.
Judge the American people. They are
as wIse in their generation as you are.
! They will see through this thin veneer
Uf sincerity with Il clear vision. and, I'M
masked and degraded, you Will receive
their meritcd ncOrn and contempt. The
American people are an honest and SIN
cere people. They love honesty and
sInCeIitv. and abhur deceit and fraud.
And | know, a. well a. | know the sun
will rise on the morrow. that your fraud
and deceit will rtcOii upon yOu and you
will receive :he just punishment of your
crime on the day Of election next No
VCmDer.
MIR. Speaker, there i no necessity for
! the adoption of this constitutional
amendment. The Constitution as 1t now
exists, as interpreted by the Supreme
Court. cOnfcrS ample authority upon
| Congress to enact legislation amply
T.,,s, nt,f1 nd t,NV a NIHyr
| late and control. but to anhinilate and
wipe from the face of the country every
trust now existing or which may here
after exist | will not pause To discuss
these combinations and monOpUiieS call
ed truStE.
No man dare lift his voice in defense
of trusts. But manv eminent RepuDli-
cans find excuse for their being and are
endowed with most tolerant spirit as
to their continued existence. That they
are slowly sappng the foundations and
eating into the vltals Of this Republic
no candid. honest man will denv. That
they are oppressive and tvrannical is
admitted. That they strangle and Kill
Individual Independence and suppress
healthful competitor is not denied.
Let lis examine the law of the case.
Let us take u hasly glance at the juris-
prudence OF the nation as shown bv the
decisions Of the Supreme Court of the
United States, and let us see if there is
not TO be- found within the ample folds
of the Constitution sufficient authority
to legislate trusts out of existence with
out the adoption of the pending amend
ment, which | will endeavOr to show la
ter on strikes at the most sacred right
cherished bv every patriotic man-tne
right of the State to regulate and con-
uOl its internal affairs.
Perhaps the first leading case defin-
ing the powers of Congress and State
legislatures Ia found in Wheaton. 3l6, |
decided by the Supreme Court in 1879,
McCulloCh vs.. Maryland. The State OF
Maryland passed an act to ''ImDOse a
AK on all banks or branches Thereof in |
he State of MARYLAND not char tered by |
he IegisIature.' The Bank of the |
United States. "A corporation organized |
~ an act of Congress, had branch IN
Maryland, which it was sought TO tax
Inder the act above mentioned. Two
main questions were raised
First, Was the act Incorporating the
Dank constitutional?
Second. Gould State tax a corpora
ion created by Congress?
The opinion of that great 1urist,
thief Justice Maj shall. as the organ of
he court. cOnstrues the article of the
Constitution IN language so PLAIN and
ucid that even blind man could see 1t.
The constItutiOnality Of the act lincor-
,Orating the bank WAS maintained, and
was oenied to the State governments
he right to tax any Of the means enI-
'lOyed bV the Unlted States Govern
lent 10 execute lis constitutional DOW
rs
which SO clearly establish
g the rights and powers of the Federal
and 30 distinctly marks the
xtenI of the sovereignty of the States
eqnired no further Judicial considers
Ion for many years.
In 8 Wheaton, /. IN the Gibbons vs..
ogden Case. the same eminent jurist de.
led to the States the right to regulate I
commerce. with foreign nations and
mong the several States while Con-
ress was regulating 1t. This case. con-
IruIng the plain letter of section 2 of
rtlcle vi of the Constitution, that
the laws of the JDIted States which I
hall be made IN pursuance thereof the {
onstItutiOn] shall be the supreme law
the land" etfectually settled the dis &
uted question of supremacy of the 1
w between the Federal Government
I'D the several States. And it was '
cid in that case that when the laws of
ODgress enacted under the COnStitu- t
on and State laws conflict. the State )
ws must yield. A long line Of deci.-
ms Of the Supreme Court, from the a
tie of the McCullOch case, in 1919. to a
e final determination of the NicOl vs..
mes case, in April, 1899, clearly de- t
res the respective powers of Congress
Id state legislatures as adjudged and 81
'termined by the highest court IN the 9
nd. Il
l will not pause to comment on these
any adludIcatlOns. Rt is unnecessary :.
ID will only consume time; and 7 only n
FER to them for a proper consIdera- =
On of the pending amendment. =
1t now becomes interesting and i'm :,
'rtant to discuss, analyZe, and mark h
e history of jurisprudence in the con- q
ruction and Interpretation OF the seye- +,
] statutes, Federal and State, In order
at we may determine the powers of y
)ngress and the powers of the resppc. -
re States in the premises, so as to de- r
rhine whether OF not Congress has a
'wer under the Constitution. as inter. h
eted by the circuit and Supreme -
urts, to enact such legislation as will &
-ectually control, regulate, and des- y
~ Industrial or commercial combina- l.
ms, commonly called trusts H.
The courts were apparently actuated #
great caution in their fret construc- d
n of the Sherman antitrust act, con. st
erred bv marv eminent LAWYERS at the pt
ne Of its passage as an experiment D,
d of doubtful wisdom, and IN the ~