The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-28
CHALLENGE 70 MIR. BRYAN.
Whsro Does tine CSnstitution AuthoTtxe inc
Government % Own q Rallro@dr

WuNE0 WUo9 inc OvmDhtVutAsM
Government 20 own q Railre@dT
To THE EDITOR or The SUN-Str: the
proposition Of Mr.. Bryan that the United
states Government should take possession OF
the trunk lines Of railway engaged In inter-
state commerce and operate them a. pubic
utilities rests upon two premises: nrst' thes
the Government has the power TO DO u; ano
secondly. that II IL TO the interest OF the peO-
pie that il should be done.
whatever may be the difference OF opinion
a. TO the policy Of government ownership.
the first question to be considered 10 the
power OF the Government TO effect sucn
ownership.
The Government Of the United States h
not an absolute one. capable Of exsrciSins
unlimited power. 1t ls q constitutional gov
eminent limited to the exercise OF certain
delegated powers. So long as II confines
itself to the exercise Of these powers It 10
supreme throughout the length and breadth
Of the land; but beyond the limitations Inn
posed by the Constitution II IL impotent.
Section .. Article VI. Of the COnstit ution
provides:
This Constitution and the laws Of tho United
states which shall be made In pursuance THEREOF
shall be the supreme law Of tho land.
It Is not, therefore. all laws Of the United
States that shall be the supreme law OF the
land, but only such as shall DO made In pur-
suance OF the CONSTITUTE on.
Section 10 Of Article VII. provides:
The powers not delegated TO the United States
by the Constitution. nor. prohibited by II 70 the
States. are reserved 70 the States respectively or
70 the people.
In the light Of this provision It 10 clear that
Mr.. Bryan must find somewhere In the Con-
s~tituticn the power delegated to the United
States to take possession Of the trunk lines
now the property OF their stockholders. III
he fails to find this delegated authority. then
1t does not exist in the United States, but II
it exists at all IL Is reserved to the states
respectively or to the people
Mr.. Bryan seems to be under the impress
sion that the Government Of the United states
possesses absolute sovereignty under which
1t can exercise the power OF appropriating at
its volition the property OF Its citizens. IN
this he Ia greatly mistaken. The people OF
the original thirteen States who created the
Government of the United States had no idea
OF granting any such absolute sovereignty 20
il. They thought 1t TO their interest to dele
gate certain powers to o national govern
ment, and they did 90. carefully enumer-
atlng those powers In the Constitution: and
then, after they had got through with that
enumeration. they took care to insert the
residuary clause above quoted, oy Wnlcn
they reserved to themselves all powers not
delegated In the Constitution to the national
Government.
In doing this they expressly declared what
powers they were willing to intrust at that
time to the United States Government; ana
in order to leave themselves at liberty to
increase or decrease those powers in the
future. they provided by Article V. FOR amend
ments to the Constitution. and fifteen amend
ments have been made since Its adoption.
some OF them enlaTginR. others abridging,
the power granted by the original Constltu-
ton.
Where then, in the Constitution as ii stands.
- 81 ~ NhA NIT
States TO enforce the government ownership
Of the trunk lines Of the country? Perhaps
he thinks he finds it in the clsuse authorizing
Congress Ito regulate commerce among the
several States" But that won't do. In the
case Of Gibbons vs.. ogden, o Wallace. CHEF
Justice Marshall. discussing this clause. said:
what is this power 1t is the power to regulate;
that Is, TO prescribe the rule by which commerce
Is TO be governed.
A long series Of decisions by the Supreme
Court has uniformly upheld this power Of
Congress TO prescribe the rule by which CON-
merce between the States shall be governed.
and has enforced the legislation OF congress
against individuals and corporations en-
gagged in interstate commerce. Hut by what
process Of reasoning can the power 20 regu-
late the conduct Of their business be con
verified into a power to deprive them OF the
right to do business. to take possession OF
the property used In that business either
with or without their consent. and to substi-
tute the Government Of the United states as
a common carrier OF freight and passengers
in lieu of~the original owners. What clause
AZ the Constitution authorizes the United
n states to engage in the business Of transpor-
Z tationY What clause authorizes IL to appro-
=, nriate private property for this purpose9
How would the Government proceed to get
possession Of euch property? suppose me
owners refuse to give up their property, Will
/, " - ga. .~NnaA1 10 Rnnh0mn ~
That Is an act Of sovereignty involving the
right OF eminent domain which the supreme
Court has declared can only be exercised by
, the United States Government IN the Dis
. trict of Columbia and the Territories, and in
places purchased by the United States with
the consent Of the States. for forts. maya
zines. &c.
In the case Of Pollards. Lessee, vs.. Haean.
3 Howard, that Court said;
The United States have no constitutional capac-
/. ity 20 exercise municipal Jurisdiction, sovereignty
or eminent domain within the limits OF a state or
. elsewhere, except In cases In which Il Is expressly
granted.
. By what process. then. does Mr.. Bryan
propose to get possession OF the Interstate
railroads and their property. real and per-
: aonal. and vest IL in the United states?
Mr. BRYAN seems to have imbibed this idea
NJ government ownership during his absence
: in Europe. and perhaps he has overlooked
, the difference between the Governments OF
: the Continent and our own. The Government
I OF Germany, or Austria. or Russia. may do
a great many things that are beyond the
constitutional power OF the United States,
and IL may be that their constitutions. such
az they are, authorize governmental owner
ship. At any rate. paternalism Ia a feature
OF all European governments,
In this country. where the average citizen
: relies upon his own efforts for success. and
/ asks only a fair and open field for their de-
Q yelopment, the idea OF governmental inter-
Z ference with our business IL resented as an
eneroaohment upon our liberties,
Thomas Jefferson used to insist that the
best Roverned people were the least gov
erned, and that opinion still holds among
Americans generally. Mr.. Bryan has prob
ably discovered this since he enunciated his
doctrine OF government ownership. with
: all his popularity he has not been able "a
8 commit his party to an Endorsement Of his
v views on this subject. On the contrary. ths
i Democratic leaders have not hesitated 70
4 express their d. sapprobation Of his sentiments
2 and to declare their intention TO exclude the
u idea OF government ownership from the next
. Democratic platform. Il remains to be seen
! Whether Mr.. Bryan will profit by his expert