The St. Louis Republic., 1904-12-30
FEDERALISM OVERRIDING AUTONOMY.

makes the terminal station altogether desirable.
FEDERALISM OVERRIDING AUTONOMY.
1t is not yet too late for the States 10 take mat
'ers in their own hands regarding legislative con-
troll Of those broad facts and general conditions OF
industrial, commercial and domestic life which prop
erly fall TO State regulation but over which the
Federal Government is fast extending its power.
Upon the subject of corporations which is now
uppermost I'm national discussion. the threatened
plan for Federal control through charcrng or
licensing indicates significantly the crucia: situation
which confronts the States. The Garfield recon-
mcndaons afford the most striking instance Of tl"
trend and tendency Of Legislation although there is
no likelihood of any part of them being imne-
dately enacted into law. The fact that such pro-
posals are sobrrly and authoriatvely presented 10
Congress is Of such Importance as 10 be cpoch-marI
ing. 1t 10 announce the beginning of The end
Of State autonomy. 1t threatens an ovcrShadowing.
an absorbing Federalism which shall take away the
substantial and essential powers Of the individual
States and leave them empty and nominal entities.
II promises an end TO the real duality Of United
States government. leaving the dual form hollow
fiction.
The statement of Mr.. Archbold. made five years
ago was true of conditions then and is even more
true Of conditions now. 1t matters not that he rep
resented the Standard Oil Company: the statement
spoke for itself He declared that the present sys
TEN Of State corporation laws, almost varied in
their provisions the number of States. was vcX-
atious alike to the business world and to the auor1
ties OF the various States; that lack of uniformity
in the laws of the States affecting business cor
porations was ntolcrable. He suggested Federal
law. He gave it as his opinion that the next great
and inevitable step Of progress in our commercial
development lay in the direction Of Federal or ma
tiona corporations, chartered licensed and con-
trolled by the central government.
AS long ago as fifteen years this same definite
threat of Federal laws 10 cope with wide and gen
eral commercial and domestic conditions was pre-
scnted to the legal minds OF the day. Much dis
cussion ensued 10 the ultimate result OF the
variety and contrariety Of State laws and their in
ability to meet these conditions of life. out Of this
discussion came movement to assmilate if posi-
bic the more important Of the State laws to check
the tendency toward greater variety and complex
ity and forestall the need of Federal laws. Many
States participated in this movement. which origi-
mated in New York, and for time it gave promise
Of fruiton. But its growth has not increased in
recent years and it is virtually standsti!l,
its influence little more than name and nullity.
But the opportunity of the commission, in which
most of the States represented is yet open The
long years since its inception have dragged by with
out yet bringing the dreaded Federalism and total
destruction Of actual autonomy. federalism has
drawn nearer 1t is inevitable unless the States
in the nick Of time shoulder heroically their burden
and demonstrate their power 10 carry it. But the
fact that fifteen years, with but small difference
In the conditions of national life. have not yet
brought the Federal laws into being should en-
courage the States to believe that enough time still
remains for their accomplishment. On the other
hand, facts like the Garfield proposals indicate
clusvely that something must be done presently,
that the demand for either State uniformity
Federalism is acute. and that the States act
quickly II at all. They cannot Sleep longer upon
their rights without losing them.
That the States may fulfill the legislative need
is Incontroyertible in theory and TO extent,
with respect to laws governing negotiable instru
ments they have demonstrated 1t In fact. The
power Inherent in the very nature of the States
and according to the idea underlying the dual form
Of government belongs 10 them alone. The Federal
Government has intrinsic constitutional right to
usurp the fields of commercial and domestic legs-
lation which the States in their lame way COM
mand, and 1t will not override State prerogatives
unless the demands Of society, the fact Of existence
renders such course imperative-in which event
Of government. "State Rights will no longer have
G. meaning for the people when State laws are in
operative operate only to the public discomfort
and disadvantage. Custom has become broad and
general in late years. domestic and business and iu
dustrial life pursues the course in Massa-
chusetts in Oregon, In Minnesota in Texas;
and the custom Of life cannot afford to be disturbed
by variant complex sectional regulations.
The Legislature Of Missouri should act promptly
in the premises providing for proper representation
in the Interstate Commission and the States every
where should give immediate thought to their diff
Guilty while time for reparation and the preserva-
ton of their several autonomies yet remains. Much
may be done within two, three or five years. pro-
vided life and vigor is at once put into the move
ment to assimilate State laws and to consider con-
troll Of economic and industrial conditions on broad
lines
CARONDELET LIGHTING.
When the present contract for street lighting in