New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-23
Estate RIGHTS" AND INTERSTATE WRONGS


OF course. the mere suggestion that the federal
government should really exercise TO some
thing like their full extent its constitutional
powers over interstate commerce awakenS com
motion. Ii conjures up visions Of the destruc-
ton Of our federal system. the humiliation Of
the States and the Upbulding Of a centralized
despotism which VIII be able ito control pri-
''rate business Ia this country or put a stop 10
at altogether" As between despotisms, if we
must have them. good many people would per-
haps prefer the despotism of a government Gre
ated by them, and responsible to them, to the
despotism Of combined corporations, irrespon-
sible 10 them but touching their lives and fort
unes al every turn. But the champions of the
dear abuses Of lQiSgez faire in the domain Of cor
poration Law, the new opponents Of State
rights" seem TO have no fear Of centralized
power SO long as il is the unreguiated power Of
private corporations. They know perfectly well
that with the present division of authority be-
tween the States and the nation there is owing
70 the nations failure TO exercise the full scope
Of its authority, practical corporation irrespon-
sibility. Some States with scandalously loose
corporation laws collect large revenues from
the Issue Of charters, under which elsewhere
operations are carried on VIGOROUSLY at vari-
ance with the spirit Of public policy. few
such operations, like that of the Northern So
curities Company, are stopped But vast num-
Der of companies, knowing and caring nothing
for State lines or state rights" except when
they want an asylum against prosecution. do
business on the theory that this is a consoli-
dated nation, but that the people, for legal pur-
poses, have not yet discovered It,
Now. anything which would break down the
federal system ought certainly to be opposed
But what is the federal system? It is the con-
rrol by the general government Of matters of
general concern, and by the State governments
of matters Of purely local concern. Madison 50
Ear foTesaw the danger that abuses Of general
nature might take refuge behind State laws
20 give the national legislature negative on all
State laws. Yet he was a pretty good state
rights Jenersonian. His plan was not adoDted
but 70 the general government by the broadest
grants or power was given complete authority
ever the things believed 10 be Of general con
Germ. one OF these was interstate commerce
The nation has never exercised the full meas
ure OF that authority, but certainly II is no IN
Vasion or State rights 10 DO so in time of need
The proposal TO require franchise 10 enpaoc
IN interstate commerce is treated as II II vvouId
reduce the sovereign States Ito a condition of
helpless pulp. Then the fathers Of the Con-
sttution must have meant them TO be 'sbelnless
pulp" for certainly the power TO regulata IN
terstate commerce extends to fixing tho forms
under which IL may be carried on, inst as the
power TO regulate navigation extends n eyoc+-
ing entry go clearance papers and other guar-
antees Of 0fNdience TO law. Does Il reduce New
York 10 helpless pulp" for Kansas to insist
On examining our insurance companies befora
letting them do business in that State? Tho
proposed national franchise would not Interfere
VIII the charter of any corporation by any