Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-28

that which has been taken up hereto
fore under the public land laws. The
farming In the arid region Is necessar-
lily OF an intensive character. II does
not pay the agriculturist OF Utah 10
own vast areas OF lands which he Is
compelled to irrigate foot by foot. He
must OF necessity cultivate small farms
and make the very most possible out or
his crops. He therefore cultlyates the
sugar beet and other crops which cali
be utilized in his immediate vicinity
lie Ia at great distance from the
general market and can not compete
with the eastern farmer first, on ac-
count OF the fre!ghts, and. second, be-
cause he can not raise his CROP so
cheaply. One OF the great crops Of the
arid region IL today and will continue
20 be alfalfa, which supplements the
range grasses for cattle feed, This IL a
crop which does not In the slightest de-
gree come into competition with the
eastern farmer
do not think even the farmers OF tho
east object 10 an increase In our beef
cattle. Certainly the market for this
product which we have today would be
better for a considerable addition. The
more cattle we raise In the west the
less trouble you will have with the beef
trust In the east.
THE BILL is CONSTITUTIONAL.
Another objection which Is urged TO
the bill Is that II Is unconstitutional.
This objection II strenuously Insisted
upon by the distinguished gentleman
from New York INF Itayl, chairman
OF the committee on the judiciary, IL
such an objection came from the mouth
OF less able man Il would not be
worthy Of a moments notice. When
other reasons fall-when other argu-
ments are seen TO be weak--the Con-
sututlon is appealed TO. 1t is the
dernier resort OF the legislator who
thinks he Is opposed TO a measure, but
who does not exactly know why. The
objector paraphrases the rule laid down
by Hoyle when In doubt play the
Constitution"
The minority report insists that un.
der the Constitution Congress Is given
power TO dispose OF and 10 make all
neelful rules and regulations for the
territory and other property Of the
United States. II is said that this is
the limit OF our power. We may dis
pose Of the lands, but We may not i'm
prove them. our friends have gone
back to the days Of Jefferson and Cal
houn for their political arguments
Jackson himself never insisted upon
more narrow construction OF the Con-
stituton. We Of this day and genera
tion have been taught that II Is not
necessary that the Constitution should
confer In express and precise terms
the authority for doing O particular |
act. We understand that there are
implied powers In the Constitution A |
general grant Of authority having been |
made, the means by which II Is 10 be |
carried out are left TO the judgment Of |
Congress.
CONSTITUTION TO BE BROADLY
CONSTRUED.
The Constitution was not made for |
the farmers, the fishermen, and the |
hunters OF the 10 original states alone. |
IL was never intended 10 chain the |
hands Of future generations OF millions |
OF restless workers In the manifold pur- \
suits Of 45, soon 49, sovereign states by |
the strict and literal Interpretation OF |
It's general language, The fathers gave |
us the Constitution written In broad |
and comprehensive terms. They point
ed out TO US the ultimate results which |
we were permitted TO accomplish, but |
they left to the future Congresses the
power to determine by what means
these results should be brought about.
so long as those means are not pro-
hibited by the express language OF the
Constitution and are, in the judgment
Of Congress, reasonably adapted TO the
accomplishment OF the results which
are permitted, they are constitutional.
af1 are so recognized by all sound
constitutional lawyers. In other words
the Constitution declares what we may
do, but not how we shall do II. The
framers OF that instrument drew upon
the canvas certain broad general lines,
leaving II to the lawmakers OF the fu.
ture to fill In the details OF the picture
The Constitution gives Congress the
authority to regulate foreign and inter-
state commerce This IN the ultimate
thing which We are permitted TO do.
How we shall do 1t, when we shall do
1t, Is left to the wisdom OF Congress.
We appropriate vast sums OF money
for the Improvement OF the Mississippi
river; we build great locks in the Sault
Ste. Marie; we dredge the harbors at
New York aud Boston, all under this
general grant OF power TO regulate COM
merce. We go further than this. We
have improved rivers and streams
where II Is the merest pretense to say
that any useful purpose OF navigation
was subserved. II simply furnished
water for the operation Of -four mills
somewhere or protected lands from
overflow. Under the general grant Of
power TO dispose Of ami make all need
full rules and regulations for the terri
tory and other property OF the United
States In my judgment we have the
authority 10 put these lands In a condi-
tion 10 be disposed OF.
In the public lands OF the United
States as Il has been many times de-
cided the federal government Is 10Th
n sovereign and q proprietor. In It's
sovereign capacity II may protect me
lands and punish trespassers by I'm
As a proprietor II may
sell, withhold from sale, or give away
the lands. II Is the owner and proprle-
tor Of these lands. but being also a SOW.
ereign, It is its duty as proprietor to
deal with them In the highest and best
way for the benefit Of the people. II
the lands are barren. unproductlve use
less so that they cannot be male OF
benefit TO the people, cannot be dis.
posed OF without improvement but
1