The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-22

or possible. are mentioned by Mr.. Holland;
1T Is possible that by the criminal law OF
New York State the punishment for murder
may be death by electricity; In Texas 1t
may Be only two years imprisonment; in
Massachusetts, II might be made impossible
to obtain a divorce for any cause. while In
Kentucky II may be sufficient TO prove
incompatibility OF temper, and in Colorado
II may be sufficient TO produce an agree
ment TO separate, No law OF any State,
however contrary to the general interest
Of the American nation, car be vetoed by
the central government Though, of course,
II the State law violates the Federal Con-
stitution II may be rendered a dead letter
by tho United States Supreme Court.
The Federal Government has not the
slightest voice In the appointment Of the
executive or judicial authorities in any
State. 30 that administration and justice
Ia any State are too largely dependent
upon the local level Of morality and opinion
and insuffioiently swayed by more uni
versal wisdom. One may add that the
extent OF State liberty cost America the
most terrific civil war In history
Our author points out that the makers
Of the Canadian Constitution took three
main precautions TO avoid the III conse-
quences Of over-decentralization They
gave to the 0overnor-Genera in Council
a veto over provincial legislation; they
substituted In all important judicial posts
and in he case Of the second chamber
Of the Dominion Parliament the principle
Of appointment from above for that OF
election from below, under the act OF
1857 the Governor-General appointing, not
only the Federal Judges but the Judges
Of the Superior. District and County courts
In each province; thirdly, they made strong
the sphere Of the central Parliament. as
against that Of the provincial legislatures.
Let us zee how this strength was conferred.
By the declarntory amendment 10 Of the
ear 1889, 'the powers not delegated 10
the United States by the Constitution.
nor prohibited by IL 10 the States" are
declared TO be reserved to the states re-
spectively, or TO the people In the Ca
madam Constitution OF 1897 the opposite
rule IL adopted, and all powers rot specif-
cally assigned TO the provinces are re-
served to the Dominion or to the Imperial
Parliament. The causes Of this funda-
mental difference are thus indicated by
our author: "The Canadian Federal Union
OF 1901 IKE tndl OF NUt Amt ga E'dN'N
in the previous century, was, in part. a
consolidation OF separate legislatures and
executives previously connected only
through their relationship to the Crow
and Imperial Parliament. But the United
States arose out of a successful rebellion
by a group Of adjacent colonial provinces,
which, when they had broken with the
English Crown, became, for the moment,
independent and sovereign States. The
Canadian Dominion arose by a peaceful
evolution. whereby separate colonial prov
lnces became provinces of a single nation,
organically one. and subject to the British
Crown. Tho American Union is possessed
OF specific powers surrendered by States,
which when they made the surrender,
were sovereign and independent. Tie
Canadian Union derives it's legal force
from an outside ~poxer-the Imperial Par
lament which. acting on the wishes Of
the Canadians, and sanctioninR the pre-
vious agreement of tie several provinces,
divided from above the powers and
functions Of legislature and government
into two claAses. and gave the larger portion .
10 the central bodies and authorities. ard
the smaller portion TO the provincial
Mr.. Holland comedies that il is a question
whether the Canadian Constitution does
not err upon the eide - limiting too mr.
rowly the area If provincial action. lie
for instance. that u might
have been better TO iutrust specifically
to the provincial legislatures the liquor
question which has led Ia 20 much agitation
lie reminds US. however, that. II the Ca
should desire al any time 20 eN-
tend tie area az provincial power. u would
open 10 them TO submit to the Imperial
Parliament an act amending that 81 1881
Our author rotices two other differ
ercss letween the system of CarHda and
Of the United States. The fret e
these IL that the Canadian system follows
he spirit Of the English constitution and
intrusts power 10 a committee 81 Nj is
teIs sitting In PHTlAm,rt. Instructed ana
led by the statesman who, for tho time
most largely commai Dis ia" COT
hdence ~ the popular chs inter Tie
IAIAdAn Premier H. Nlttuily tomIatcd
by the rarity which b. 10 a uaJonty NTH"
HOUSE - Commas. aud h lot maIiy
allied To ona" Nv The Niccroy, v Lo r"pf'
cuts ths Crown a. ia. Tinted State
.~secutiye government b. m tie haIds 81
he Iie-ideut. VITO combines HE unI''s
q KING aud Pm" Minister H. thruiN,
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