The Montgomery advertiser., 1901-06-30


 ana to what extent. the Constitution follows the flag as foreign possessions Iail into our hands as the ripe fruit ot war. and the United States of necessity assumes the duty and responsibility or governing them present questions which under any other government than ours would be purely political in the determination of which the Judi- ciary would have no voice. It is ex- ccedingiy difficult to nicely adjust gen eral constitutional commands to the condition of things existing In the Philippines and Porto Rico. Time ana experience must at last be the gu'de to the Supreme Court of the Uniteo States as to the wisdom of it's late de- cisions on these points. That court has often departed from or modified it's earlier decisions, when shown by larger experience to be erroneous. The de- clsions on the taxing power, the right to regulate Interstate commerce ana the Jurisdiction of Congress over nayl- gable waters present familiar instan- ces. where the court finally enunciated doctrines far different from its earlier opinions. It would seem far wiser for statesmanship to look to Constitu- tionai amendments, instead of legisiat- ing hap-hazard, to meet exigencies ana heCGoSiLtGS Ol present. CUHuilloboJ "h.SH were not in the contemplation of the statesmen who formed a government for the thirteen infant colonies then stretched along. the Atlantic coast, and whose vision never foresaw, 2ernaps, the great Republic which extends from the Atlantic to the Pacific. and HOW has possessions and flies it's flag in other hcmispheres. Nothing is truer than that war legislates, and that pub lie opinion sooner or later finds ways to work it's will. by stretching or mar rowing the limitations of any written Constitution.
 The extraordinary powers conferred the union in the office of President Of all legislative. executive and judicial power--in governing the Philippine ls- lands has alarmed many of our people. They dread the effect upon the future of nur institutions of any decision which may be made by our highest court. that such a power can i've nder the Republic. Some have even despair edi of tine Republic, difdd predict the subversion of our institutions, and the coming of the man on horse back" as the result of com mitting such power to the Presi- dent, and the decisions of the Supreme Court. as far as they have gone in sup port of it. However much as narSisans many of us differ from the President of the United States. we cannot fail to ac- knowledge that his purposes have been patriotic. He has not accept ed the vast powers committed to him ny Con Gress. because of lust of power. or m consequence of self-seeking, but sole ly because of the 3onFiction under the existing conditions that it was for the welfare of the United States. and for the advancement and protection of those who suddenly fall un- der our dominion, for him to exercise such powers. There is nothing in his makeup which reaches out for a crown at the expense of the liberties of the people whom he serves. Nor It's there any Justification, tn It's history. for the belief that the Supreme Court of the United States. which for so many years has he l the scales of justice even In the delicate adjus' ment of power between the State and the general government, and in the llldst Of exciting passions epgendered by IAVh War. will finally write in our jurispru- deEce any doctrine subSersive of the spirit of our institutions. Our liberties and institutions have surer and strong CT foundations than courts and Prest- dents, and they will never be sub- VerLed until the teeming millions under our flag wish and will it.
 Conclusion.
 One can not rise from perusal Of the mass of legislation to which l have referred without being impressed with the earnest purpose which actuates legislators in every part of the country to better the condition of the people. to grapple with changed conditions and .k, ,i,l flnxt forth and to find wise remeaIes Tor taem. Governments now undertake to deal with matters as of grave public im- port, which half a century ago would have been treated as matters of mere private concern, which government should not touch. The impulse towards free education in some sections has in- duced the people to compel children to take advantage of 1t, and to give them at public expense, not only tultion' but books, and sometimes transporta- tion to and from school houses, aud private instruction at home at pubic expense We see States erecting hos pilals for the treatment of persons in- jured in particular callings without re- gard to the ability of the injured to provide for themselves. and giving pen- sions, m some instances, to those d.s" abIed in the service of the State in civ ic positions. Taxation is freely eXer- cised to maintain public libraries in villages and towns. and public money in some instances has been expended even for "traveling libraries" Sharit- able societies are favored subjects Of legislat ton, and are authorized, in many instances, to invoke the power of the State, even against parents, and to take from them and train the children when the parent is shown to be unfit or unwilling wisely to rear them. Not only is stringent legislation enacted to secure the purity of legal elections, but in many States the legislator enters in to primary conventions of political par ties to provide how, and in what man. ner, these preliminary gatherings of the citizens shall exercise their power. States create historical departments to inspire love of country Dnd pride of citizenship and to preserve their rich past that the children may the better know the fathers who gave them the heritage of liberty and civil govern ment. Women receive tenderer consid- eration at the hands of legislation. They are sometimes admitted to partial participation in the franchise, and numerous hygienic regulations are CX- acted for their comfort and welfare when working for others. Certain new industries like beet sugar are fostered by the State, and public money is free ly given in some sections to enable the farmers to deal with pests. Cities and towns ara given vast powers as to public utilities" and permitted to go into business, which heretofore it has been considered dangerous 10 commit I Ana.A -Fnt