The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-08-29
BAR ASSOCIATION 7.
OF NATION MEETS
-. 49,. :
Great Organization of, American
Lawyers in Session in
=. Capitol. ,<,t.,
ANNUAL ADDRESS r--s. ,
BY PRESIDENT PECK
Railroad Attorney Touches Upon
the New Rate Regula-
ton Law. J,

Men distinguished at the bar in,
every state in the union are gathered
IN st. Paul today for the twenty.ninth
annual meeting of the American Bar
association. The president Of the Min.
nesota State Bar association, Rome G.
Brown Of Minneapolis. called the meet.
ing to order at 10 am. in the chamber
Of the house of representatives in the
Minnesota capitol; He . introduced
Of tie national organization, the de-
livery of whose annual address consti-
tuted the formal opening of the four
days program.
Leigslation under the interstate COM
merce clause of the federal constitu-
tion, its present extent and its prob
able limitations, was handled in a mas
tszly way by President Peck.
Interstate Commerce.
"The recent session of congress
pushed the legislative power granted
by the interstate commerce clause of.
the constitution, a long distance be-
yond any point reached before in that
direction, - said Mr.: Peck. 80 Whether
it went beyond the granted power, and,
by addition and enlargement, asserted
an authority not warranted by the in
BLIuuueAt, Ii duoluSI, .4uCSt1Ou. LILO
power to regulate commerce is, I'M
doubtedly, very broad one, and, I'M
der the decisions Of the supreme court,
includes authority to legislate in re-
spect to situations, and conditions, and
circumstances not foreseen nor contem-
plated by the makers Of that instru-
ment, The language Of constitutions"
certainly the language employed IN
granting powers-,s usually general, for
90 70
keep step with the progressive march
Of the country. for which they are
made. It will be useful to US, in these
times, to remember the words Of John
Marshall:
"a constitution, from It's nature,
deals in generalities, not In details.
Its trainers cannot perceive minute dis.
tinctions which arise in the progress Of
the nation, and, therefore, contine it
to the establishment of broad and gen.
sral principles.
Power to Regulate. s.,
"And what is this power to regulate
commerce. upon which the interstate
commerce act, ANTITRUST act, pure food
legislation and many other statutes are
founded7 Again let us, turn to John
ton, its purposes and it's meaning were
as clear as sunlight. In Gibbons VS..
Ogden, the great chief Justice in three
lines, answered this question. He said;
Eve are now arrived at the inquiry
What is this powera It is the power
to regulate, that Is, to prescribe the
rules by which commerce is to be- gov,
erned. "There is not, I think, in all
the literature Of the law, definition 50
Congress, therefore, has power to pre-
acriba the rules bv which commerce
among the states Is to be governed
And where does the power end7 Is
there any element entering into the
concept Of commerce among the states
which is beyond the sway OF this all
encompassing power7 The commerce
clause Of the constitution perhaps DID
not seem to count for much In the
early days Of the republic, altho ques
tions of commerce were the most po.
tent inducement to the foundation OF
the union. But, today, that clause, in
q sense, overshadows all the other pro
visions of the federal constitution, and
this fact, 80 patent to us all, illustrates
and emphasizes the mighty changes
that have been wrought by the domi
nance Of the scientific spirit in modern
life. Whether congress can delegate
which commerce shall be governed, Is s
question which will, doubtless, present
itself to those who are led to consider
the subject.
Extent Of Legislation.
"The inquiry, To what other fields o,
legislation may the prevasive power o.
occur to the ingenious minds of legisla
tors and students Of constitutional law
Inasmuch as nearly all the business at
fairs Of the people are in some way di
xectly or indirectly connected witt
commerce among the states. it is oh
vious enough that plausible argument
may be found for putting all such bust
ness under, the regulaative supervision o
commission, or Of a department 0
the government. do not discuss tn
question whether this would be a wis
or an unwise policy. hut certainly. It
something worth thinking about"
Summary Of Legislation.
Mr.. Peck's address contained sum
mary of the important legislation Of tn
last year, both in the national congress
at length with the congressional enact
ments on the subject Of railway rate
and pure food, as well as the trust 1egis
lation Of tho national government. II
traced the development of government
from the primitive form to the compH
Gated form demanded by modern civ
ilization,
"Any government said he, chow
ever imperfect, is better than no gov
ernment-which is anarchy. If we hav
too. much governments many Of u
believes it possible, in the presen
state Of human wisdom, to have jus
enough restraint, and just enough pei
sonal freedom7 An excess Of the on
no doubt means a diminution Of tn
other, but what human intelligence ca
fix perfect equilibrium The trut
Is too large for the grasp Of the ave!
age mind. The dilletante thinker
always ready, with knowledge tina
puts an end to rational discussion
Where Austin and Bontham could onl
grope, the village paper and the mage
zine contributor exhaust the subject !
q single article. y tti -
f'The most complicated system Q
government in the world is our Amer
loan system, but it is, in my opinion
the most nearly perfect. 4s,,,4xs
Experimentation as Well. s.
HLegislation is mot only the adoI
ton of uositiye ru1es Of cOndnct II Il