The Montgomery advertiser., 1902-06-25

spect to such matters. Almost any and everything Intended for the common de- fenso and general welfare lies within the province of Coneress to be enacted for
 the benefit of the people.
 In the great case of Mccullough vS. the
 state of Maryland, reported in Wheaton. page SIG, the question was whether or not Congress had the power to incorpor- ate bank. And it was held that Gen. gress had the constitutional authority to the exercise of distinct sovereign pow ,r or end of government. but as a means of carrying into effect other powers which arc sovereisn.
 Chief Justice Marshall. in the magnif- cent opinion which he delivered In that case, declared, among other things, the 1oIoWlnS great truths. to Wlt.
 The Government of the Union IS gVV- them; its powers arc granted by them, and are to be exercised directly on then 1 and for their benefit
 While tho powers not delegated to the United States nor prohibited to the States are reserved to the States or to the peo- | pie. there is nothing in the Constitution which requires that everything granted shall be expressly and minutely described. A Constitrtion. to contain an accurate detail of all tho subdivisions of which Is great powers will admit and or all the
 means by which they may be carried into execution, would partake of the prolix!ty | bl U 1cSIl C1ue, FdHu COulu SCdiNOiy pe embraced by the human mind. It would | probably never be understood by the pup | lie It's nature. therefore. requires that | only it's great outlines should be marked; | it's important objects designated. ana | the minor ingredi snts which compose | those objects be deducted from the na- | turo of the objects themselves. Provision is made, in a Constitution l intended to endure for ages to come, and. consequently, to be adapted to the various crises of human affairs. To exc | cute it's powers. would have been to l change entirely the character If the in- | strument and givo to it the properties 1 of legal code. It would have been an unwise attempt to provide by immutable rules for exlgencies which, t foreseen | at all. must have been seen dimly. and
 which can be best provided for as they occur.
 What q grand and glorious judicial character was John Marshall. the oracle of American law" not of Virginia alone,
 but the universal favo-ite and favored son of this splendid Republic of free, separate. independent and sovereign States. With q mental vision as clear and strong as the eagle'E brilliant eye while gazing upon the fierce splendors Of the~noondaV sun,
 he foresaw and has outlined for all time to come, as no other man before or since
 hiS day haa eyer es saved to do. the duai
 yet distinct capabilities and potentla1tleS eS
 of both State and Federal governments.
 acting together. jointly and sevcrally
 beautifully and harmoniously. without Jar or friction. each seeking the greatest good
 to the greatest number and neither aoat-
 ing ono jot or little of the lawful au-
 thorty belonging to the other or result
 ing legltimately rom the comDned acton of both.
 The extracts which I have just read. in the Mccullough case, from the pen ?i
 that eminent jurfst, demonstrate that 1t
 was an impossibility for the framers ot the Constitution to have incorporated In
 it's provisions all the incidental powers or government, and hence that congress Tn the exercise of these incidental and i'm
 piled powers can rightfully enact almost any law which 1t judges to be useful or necessary for the common defense or gen eral welfare of the people in the broad- est and most comprehensive sense or meaning that may be applied to that term.
 We are therefore sticking in the bark and giving to the Constitution construc- ton SO narrow and technical as to rem der it's provisions nugatory whenever we sock to deny to Congress the power to enact benefcent laws which will punish any person, no matter when CT wherc. who commits a robbery in any State or Territory of the Union. against either per son or property, while being transported anywhere on any railway train or car engaged at the time In carrying the rnauS Of tho United States.
 While I think the train robbery epidemic requires heroic treatment and that, for this reason the pending bill neither ex- tGnuS It's OTONlSlOnS Tar SIVOuSi' HUI 70 sufficiently drastic to entirely extirpate
 the dreadful disease. l will not attempt to amend the same. but shall be content to support the measure in the shape in
 which 1t comes to this House from the Judiciary Committee. upon the principle that part of a loaf is better than none at all.
 In conclusion desire to add to my re-
 marks this emphatic declarations that we ought not to temporize any longer with
 this atrocious evil, but should authorize the prompt expenditure of as many dol lars in the National Treasury as may be necessary to protect the transportation Of the mail trains of the country. as well as those carrying interstate passengers and commerce, in order to secure the humblest citizen of the Union in his pur- suit of happiness and in the enjoyment of life, liberty and property, This can only be done effectually by the exercise of the strong arm of constituted author ity on the part of the Natioral Govern ment by conferring concurrent Jurisdic- ton on the courts of the United States to hunt down. capture and bring to merited punishment these ugly-visaged Molochs of crime by striking down forever these incarnate demons from hell-the modern day train robbers, indigenous to Ameri- can soil, tho product of our glorious tWen- tieth-century American civilization.