The San Francisco call., 1904-04-21
JUDICIAL POLITICS.

to President Roosevelt, and misses no chance to
advise ways and means to effect his defeat Its
counsel evidently followed in making the paceboic
platform of the New York Democratic convention The
Sun declares: The usurpation of power by Congress
has never been so outrageous since McKnleys death
What is needed OF all to put the ship of state
again on right and compel to be steered
hereafter the constitution has prescribed Give back
to the State governments and prohibit to the National
Government the regulation of things which Marshall de-
cared do not come National cognzance, and all
will we'll The three Democratic Justices of the Su
preme Court have recently by the vivid pen of Justice
White declared the boundary line between State and Ma
tional affairs Does the Democracy intend to vndicate
or repudiate that boundary line?"
If the New York convention set the pace Justice
White will probably be followed. But this being what
is the fuss about? The much-respected boundary,
which the Sun shines in order that it be distinctly
seen, the hither side of the interstate
and Sherman antitrust laws Yet the Sun says that if
that boundary be respected Difficulties corpora
tions trusts labor capital and interstate commerce will
disappear from Congress and will trouble it
than marriage and divorce"
So, it appears that the simple recipe for taking away
all trouble about those issues from Congress- is by de-
nyng National jurisdiction them IN any form While
labor and capital thrown in for padding, the real
issues are the and interstate commerce. When
did Marshall decide that Congress has jurisdiction
over interstate commerce? The Sherman antitrust law
derives all of its vigor from that clause of the consttu
ton which gives Congress the power to regulate
merce between the States. The Supreme Court held
that this that Congress may use that power as
prescribed in the interstate commerce law. If not by
such means, how? What power is given the States to
regulate commerce beyond their borders?
The constitution grants powers to the Federal Gov
ernment and prohibits them to the States. Its proper
Interpretation that the Federal Government may
eIcse all the powers granted and the States all that
%Ia T, +haa 0f
State project its regulatve power within the
jurisdiction of another State If this possible Cali
forna could regulate the domestic of Nevada
prescribe the rates of transportation in that State and
every way interfere in that alien jurisdiction No State,
i'll other words powers granted to the Fed
eral Government it go beyond that grant in
the of powers prohibited the States The
regulation of interstate by the States them
selves is therefore, impossbility.
Trusts affect interstate commerce and therefore,
subject to Federal regulation They may also be regu
lated within the jurisdiction of State by its authority
far they affect its domestic To illus
If the Standard Oil Company uproot competition
in California by reduction of below the of
production at competing point it is entirely competent
for State that it shall sell everywhere within
the State the rate and shall not raise its
rates anywhere within the State without the of
public authority That would be proper exercise of To-
cal jurisdiction But suppose the Standard Oil Company
petition by conspiracy with railroads by which it
exclusive rebates in freight where is the power
in State prevent it? Only the Federal Government
has that authority and has used in the interstate
merce law.
From this digest of the it appears that the Sun
in Justice Whites opinion judicial politics. which
by revvng the obsolete issue of State rights these
were understood before the Civil War; will take the
Federal grip from the throat of trusts and corporations
under the preense that they be choked by the States
The good understanding between the Sun and it's
clients established in the New York Democratic
vention It's platform cries against usurpaon and
alarms that check industrial growth and that "cor-
poraons chartered by the State must be subject just
regulation by the State the interest of the people,
government partnership with protected monopolies"
If all that anything means that every trust
being incorporated under State law shall submit only to
State control and that the sole Federal control is by re-
moving tariff protection from everything in which
deal. 1t Sangrado prescription which peo-
pie will refuse to take