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. lie
must OF necessity cultivate small farms
and make the very most possible out OF
his crops. He therefore cuItlyates the
sugar beet and other crops which cali
be utilized in his immediate vicinity
lie Ia at a great distance from the
general market and can not compete
with the eastern farmer first, on ac-
count OF the freights, and. second, be-
cause he can not raise his crop so
cheaply. One OF the great crops Of the
arid region IL today and viii continue
10 be alfalfa, which supplements the
range grasses for cattle feed. This Is
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 TO 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 Il Is unconstitutional
This objection Is strenuously insisted
upon by the distinguished gentleman
from New York [Mr ltayl chairman
OF the committee on the judiciary IL
such an objection came from the mouth
OF a less able man Il would not be
worthy Of a moments notice. When
other reasons fail-when other argu-
ments are seen TO be weak--the Con-
stitutlon 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 TO make all |
neSlful 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 zone |
back to the days OF Jefferson and Cal |
houn for their political arguments. |
Jackson himself never insisted upon q |
more narrow construction OF the Con- |
stituton. We Of this day and genera
tiun have been taught that Il Is not |
necessary that the Constitution should |
confer In express and precise terms |
the authority for doing q 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 TO 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
II was never intended 10 chain the
hands of future generations Of millions
OF restleHs workers In the manifold pur-
suits Of 40, soon AZ, sovereign states by
the strict and literal Interpretation Of
IFS 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 10 the
accomplishment OF the results which
are permitted they are constitutional,
arf1 are 80 recognized by all sound
constitutional lawyers. In other words,
the Constitution declares what we may
do, but not how we shall do Il. The
trainers 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 IL the ultimate
thing which we are permitted to do.
How we shall do It, 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 Saut
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 It Is the merest pretense to say
that any useful purpose Of navigation
was subserved. II simply furnished
water for the operation Of -four mills
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
TO 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
a sovereign and a proprietor. In It's
sovereign capacity II may protect me
lands and punish trespassers by I'm
prlsonment. 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 1t 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, unproductlye,u use !
less, so that they cannot be male OF
benefit TO the people, cannot be dis. D
posed OF without improvement but
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