New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-26
DEMOCRATIC COAL PLANK.
ADDRESS DELIVERED BY CHARLES a
GARDINER. MEMBER OF THE NEW
YORK BAR. AT THE REPUBLICAN
HEADQUARTERS IN HAIR
LEM LAST NIGHT.

THE DEMOCRATIC COAL PI-ANK-AN ANSWER TO
EX-SENATOR HILIl-NATToNAL AND STATE
sovEREIGNTIEs DISTINGUISHED - NATIONAL
GOVERNMENT OF LIMITED PowERs-ITs POW
Frs EITHER EMPRESS OR IMPLIED-DEMo-
CRATIC COAL PLANK sTATED-No EMPRESS
POWER TO TAKE COAL MINEs-No IMPLIED
POWER-NOT AUTHORIZED BY INTERSTATE
COMMERCE CI.AUsE-NOR Ely GENERAL VEL
PARE CLAUsE-No RIGHT OF EMINENT DO
MAIN TO TAKE COAL MINEs-HILLs FUNDA-
MENTAL ERRoR-sTATE AND NATIONAL
RIGHTS CoNFUsED-HILLs ARGUMENTS CON
sIDERED IN DETAIIe-sENAToR PI.ATTs "sEIz-
URE' THE PROPER TERM-HII.L REPUDIATEs
HISTORIC DEMOCRATIC DO,"TRINE-THE con
sTITUToNAL REMEDY PRESIDENT EoOsE-
vELTs VICTORY.
The United States Is a sovereign alton. In its
external and international relations it possesses
| every power of the most potential sovereignty.
It possesses the power to acquire foreign terri
tory, and hence foreign coal mines-in Porto
| Rico. Hawaii the Philippines, or anywhere else
! in the world
But such external sovereignty vests the United
! States with power to invade the territory of
single State of this Union and take its coal
| mines or any other local utility-by eminent do
| main or by force Of arms, or otherwise. The
reason is. that in all internal and domestic re-
| lations the States possess all sovereign powers
! originally vested in the people, except such as
| are specifically granted to the national govern
ment while the national government possesses
! the powers specifically granted, and no
| others. And those powers are all enumerated
| in the constitution. The national government
/ therefore, can exercise only powers so granted
| and enumerated and those necessarily implied
| therefrom.
In an early case the Supreme Court OF the
| United States said: The government of the
| United States can claim no powers which are
! not granted to 1t by the constitution" Il
] Wheat, $3.50. Many years later Chief Justice
| Waite used this language: THE government of
| the United States is one of delegated powers
/ alone. Its authority is defined and limited by
| the constitution. All powers not granted to II
by that instrument reserved To the States
! or the people Gl2 l. $ JJD. And more
/ Gently the Supreme Court again decided: THE
/ government of the United States is one OF dele
/ gated. limited and enumerated powers There
fore every valid act OF Congress must find in the
/ constitution some warrant for its passage"
! COG I s. 500.
Finally the Supreme Court. IN a comparatively
! recent case. quoted with approval and adopted
! as a summary Of tho law, the following Iumiu-
! Gus exposition Of Mr. Justice Story: When
| ever a question arises concerning the constitu-
| tonality OF particular power. the first dues-
! uoh Is, Nn'lheI the power be expressed in the
J constitution. II it BE-. the question is decided
| II il be not expressed. the next inquiry must he
! whether II is properly an incident 10 express
! power, and necessary 70 its execution IL Il be
! then it may he exercised by Congress. II not
| Congress cannot exercise H." O0i =. 5. $500.
THE DEMOCRATIC COAL PLANK
The Democratic coal plank Is as follows: We
advocate the national ownership and operation
| of the anthracite coal mines by the exercise of
the right of eminent domain" Sprung upon the
people Of this State while innocently and griev-
. / OuSV fvor ipFft al
Pennsylvania-when all true patriots were put
ting aside partisanship and endeavoring TO re-
/ strain the ignorant and vicious from lawlcss
Z outbreaks on sOC!ety-to urge then for the first
! time In our history. such d dangerous and So
cialistic doctrine. was '-"berate attempt 20
/ incite the masses and iuhame the most vicious
1 passions Of society. II flung open the doors To
crime and led straight 20 riot and anarchy and
yet such is the doctrine that Senator Hlll as
sures the electors Of New-York rs neither start
ing, revolutionary. soca!lstc nor paternal: but
/ Is constitutional. necessary. eXpedient and
above all il is right" Let consider its con-
! sttuuonaity.
NO CONSTITUTIONAL POWER TO TAKE
COAL MINES.
J. Following the rule laid down by the Su-
preine Court, the first question is whether the
rower'-to own and operate anthracite coal
mines-"be expressed in the constitution. If
it be-" as the Court said. the question Is de-
cided.' All express legislative powers are
enumerated in Article l. Section s There we
find express power TO levy taxes. borrow money
regulate interstate commerce. establish most
offices and post roads declare war provide for
armies and navies and to perform other we'll
recognized functions Of government But
among them, as We all know there is no ex
press power to own and operate coal mines
press power. ~ -
H. Pursuing further the rule laid down bv
1lIc supreme Court, If the power be not ex-
! pressed. prrrir
Is properly an incident 10 an express power and
HneCesSd4y 10 IT'S execution. If il be-" said the
court then II may be exercised by Congress.
- 80 ~, ~oHsIesS cannot exercise it," Has the
hatlohai government. therefore. any implied
mines? "''''' coaI
% The constitution expressly gives Con
! sIesa me power 60 establish a navy and 10
erect needfu buildings" FOR all Of which ~
IS necessary. To acquire this fuel arpuas So
tor mn the government is empowered "a ac-
GuiIST anu operate anthracite coal mines But
lIhpled power can be exercised only when
| -, I > IHl!sAl not the United States Govern
H!ShI use htuminous coal. wood. oil or fueI
o{hsI man anthracite? SO long fuel could be
oa,-.-rN "lOh"uI the extraordinary act OF
selzdIe- II Is extremely doubtful If the United
r -, m"ulu nave implied power 10 take the
! u''I'V mines under any circumstances or
Tor any purposes. Assuming however that il
mas such power, II could operate the mines onI,
$50 -, GGHHn pubic uses" As Mr.. Justice
! StoHs ,sald' II the national government has
any right to take private property il can do SO
osis t4I us own public uses and not for those
put II. FOR its own purnosps ma ),
ehable II 70 perform its functions" Il fmitatione
oyarste IN ~ IL could not therefore, take and
| operate me coal mines for the uses OF tbt.
general public. dl4 L. s. 53I1
INTERSTATE COMMERCE CLAUSE
Senator Hill further claims authority from
the interstate Commerce clause Of the Const,
tuition But by long line Of decisions "com-
meroe' as here used. means commercial inter
COURSE anu the power granted 10 Congress ie