Daily capital journal. (Salem, Oregon) 1903-1919, 1906-10-04

4 IOr IL was Inc SuSCCSo Vi IHS AhohSi
and Dreservers of the Union which
/ justified our independence.
HE BELIEVED IN THE PEOPLE
WITH THE FAITH OF ABRAHAM
LINCOLN; and coupled with his
faith in the people he bad what most
of the men who in his generation be-
lieved in the people did not have;
that is, the courage to recognize the
faith in the people AMOUNTED TO
NOTHING UNLESS THE REPRE-.
SENTATIVES. OF THE PEOPLE AS
sENIBLED TOGETHER IN THE Ma.
TIONAL GOVERNMENT WERE
GIVEN FULL AND COMPLETE
POWER TO WORK ON BEHALF
OF THE PEOPLE. He developed
even before Marshall the doctrine
absolutely essential not merely to
the efficiency but to tn existence of
this nation) that an inherent power
rested in the nation. outside of the
enumerated powers conferred upon
it by the Constitution, in all cases
where the object involved was be-
yond the power of the several states
and was a power ordinarily exercised
by sovereign nations.
In a remarkable letter in which
he advocated setting forth in early
and clear fashion the powers of the
national government, he laid down
the proposition that it should be
made clear that there were neither
vacancies nor interferences between
the limits of state and national jur-
isdiction, and that both jurisdictions
together composed only one uniform
and comprehensive system of gov
ernment and laws: that is. whenever
the states cannot act. because the
need to be met is not one of merely
single locality, then the national
government, representing all the
people, should have complete power
to act 1t was in the spirit of Will
son that Washington, and Washing
tons lieutenant, Hamilton, acted
and it was in the same spirit that
Marshall construed the law.
Questions of Jurisdiction.
1t is only by acting in this spirit
that the national judges, legislators,
and executives can give a satisfac- !
tory solution of the great question
of the present day-the question of
providing on behalf of the sovereign |
people the means which will enable
the people in effective form to assert |
their sovereignty over the immense |
of the day. Certain ju-
dicial decisions have done just what
Wilson feared; they have as a mat
ter of fact. left vacancies, LEFT
BLANKS BETWEEN THE LIMITS
OF POSSIBLE STATE JURISDIC-
TION AND THE LIMITS OF ACT
UAL NATIONAL JURISDICTION
OVER THE CONTROL OF THE
BUSINESS CORPORA
rIONS. 1t Is the narrow construc-
ton of the powers of the national
government which in our democracy
has proved the chief means of limit
Ing the national power to cut out
abuses, and which is now the chief
bulwark of those great moneyed in
ierests which oppose and dread any
attempt to place them under eff
'ient government control. :
Many legislative actions and many
judicial decisions which | am con-
fdent time will show to have been
erroneous and a damage to the coun-
.ry would have been avoided If our
legislators and jurists had approach
I'd the matter of enacting and con-
STRUNG the laws of the land in the
spirit OF your great Pennsylvania,
Justice Wilson-in the spirit of ~
and of Washington. Such
decisions put us at a great disad-
'antage in the battle for industrial
'rder as against the present indus
rial choas. IF WE INTERPRET
THE CONSTITUTION IN NARROW
INSTEAD OF BROAD FASHION.
we forsake the principles OF Wash
ngton, Marshall, Wilson, and Ham
lton, WE AS PEOPLE WILL REM ,
DER OURSELVES DIPOTENT TO-
DEAL WITH ANY ABUSES WHICH
dAY BE COMMITTED BY THE +: