Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-11

lwoll within the sacred circle marked
~ the outer walls of the temple, no
me was more resOlute than Marshall
II harmonizing and adjoining its inter-
or through the applications OF the re-
iources OF julge-mado law Such an
application was never more necessary
han when the Supreme Court was
alled upon to create a body of rules
sufficiently comprehensive to give eff,
Get to that brief and vague cOnstitn-
ional provision. providing: That the
'ules and regulations Respecting the
erritory or other property belonging
q the United States Vast arcaS OF
erritory were To he acquired and gov
'rncd without any definite power, to
70 either. Fortunately, Marshall and
sis associates clearly understood that
he history of colonization from the
'reeli days down put beyond question
he fact that inhabitants of nndevel-
ped States, while in Il colonial condi-
: .on. have no right, natural or his
orical. to he admitted at once to the
nll citizenship guaranteed by the con
titution of the parent State. Jcffcr-
on. the renl founder of our territorial
ystcm. perfectly understood /; that
ruth. and Governor Morris, the drafts.
nan of the provision in question. wrote
{ later day that 4 always thought
hat when we would acquire Canada
nd Louisiana, it would he proper to
ovcrn them as provinces and allow
hem no voice in onr council
Fortunately for this country that
conservative view entertained by the
lakers nj the constitution, and that
Oincd into judge-made law by Mar
hall and his associates, has not been
Implanted by the romantic, yet dan
crous after-thonght later time.
Adaptability of Constitution.
Nothing has hccn more remarkable
the history of orr federal conSttu-
ion than the ease. with which ii has
ilapted itself TO the ever increasing
:ants of n rapidly swelling population.
ontinnally organizing now systems of
ocal government beyond our, original
'mits. When during Jefersons sec
nd term the application of steam to
aviEation was made by Robert Full.
IN. revolution was brought In the
ommcrce of the country through a
'ansition from tho primitive md in
: ifectmal means of transportation by
tcil horse and wagon 10 the methods
i use today. a notable legal result
the change was substitution of the
ncicnt English rule Of aGnilrnlty juris.
'ction. resting on tho ehb and. How
the tide. of new enc hcttcr adaEt.
Il to totally different physical condi
ons. AS you all know in Tancy's
tie, the navigablc character of the
alter was made the test; anu thus, hy
he silent stroke Of the judicial pei.
10 admiralty jurisdiction Of the fed.
raj courts was extended mi only lie.
MI the flow Of the tile in 81 public
avigablc waters, hut even over the
reat fresh-water lakes as woll MS IN
md seas upon which fleets have Ell
3unterch. No one will deny .nat tho
Unparalleled material development of
his country has becn largely worked
VT through the agency Of corporations.
he public condolences in whose sta.
iiity has rested largely upon the fam.
us decision rendered In 1919 In the
dartmouth college case wherein il
as held that the charter of a corpora
on Is contract, aud as such pro-
'cted from violation BY article !, sec
on 10, of the federal constitutions
nus ny momcmt,is stroke by the
'dicial pen American corporations
ere placed in Il condition of So
'rlty rs to the legislative power
ever before occupied by such bodies
any other country in the world.
A Protentious "If."
II i'll the great case In question.
larshall, with the concurrence of his
'socintcs, had written but n line de-
laring that charges charters arc not
ontracts within The meaning of the
muse IN question, tnr economic conGi-
ions OF this country, SD fai as trusts
MI monopO!ies lire concerned, would
tand in an entirely iiitcrcnt situation
erlod. Now that an appeal is being
iauc Tor relief from such conditions
the judicial tribunals, The fact can
OF he ignored that tie power thnt
iaIc can unmakr, that tho power that
INIT UP can 'laatrD5. In this grave
after Il silent stroke from The Judi
.al pen could wo.k n rcvuiullCn M
ther department OF government is sc
apablc as the lulicial to DIAL with !:
foblem whose cOmpcXity is MS great
5 It's influence is far reaching. Our
experience has demonstrated the fact
nat nothing SO rapidly advances com
lcrcial and industrial interest as legit-
nate corporations. exercising normal
overs, according to law The prob.
nm is howgto protect such in their
gal rights. and at the same. time
rush ont the illegilimatc andnabnor-
ial After formal legislation has ex-
austed It's resources the ultimate so
Z ition OF the problem will Still remain
n the jndicial powcr,-;h he last ana
eeisire word mustfbe spoken by The
!upreme Court OF the United. Stat 5.
When in the light of what has now
cen said. the growth of the jurisIic-
ION OF that tribunal IS viewed MS one
,nbrokcn development, is there any
hing in its history, taken rs whole.
disquict us? When tho intricacy