New-York tribune., 1906-06-06
NEAT AND THE CONSTITUTION.

The man with the but" has taken up the
meat question. We knew he would. He Is fully
prepared 10 believe the worst about the pack
ing houses and TO weep bitter tears over the
woes Of the poor New Yorker who has TO eat
Chicago beef He is convinced Of the need of a
thorough housecleaning and of the most drastic
supervision. BUT President Roosevelt is a busy
body 10 take UP a question which belongs eXclu-
sively 10 the city of Chicago or the state of
illinois, and the Constitution will go to the
bow-wows if federal authority is stretched TO
supervise the preparation of meats for inter-
state commerce.
II is too bad about the poor President and
the tattered Constitution. We know and freely
acknowledge that il is enough TO make Thomas
jefferson or James Buchanan turn in his grave!
Even Alexander Hamilton never dreamed of
federal regulation of the Chicago packing
houses! Nevertheless. it is sound rule of con-
stitutional Interpretation which holds that to be
properly within the purview of the federal gov
ernmenr which is of national concern and Of
such a nature that the people of one state other
wise have no remedy for wrongs visited upon
them from the asylum of another state. With
changing conditions the character of acts as
local or national may change and the Supreme
Court has held that a grant of power by the
Constitution extends to all new and Unforeseen
ramihcatons of the subject resulting from
changes of custom or the progress of invention.
The power 20 regulate Interstate commerce car
ries with il the power to exclude unhealthful
articles from interstate commerce. That implies
the power. if need be- 10 trace the articles back
10 the point where their character can be deter
mined. Fifty years ago, even the power OF the
government TO forbid the Interstate shipment of
putrid or infected meat would have been con-
ceded. Since then the whole business Of can
ming with chemical treatment of food and the
possibility Of renovating tainted meats. has been
developed. Shall the government confess itself
impotent longer 10 stop the putrid meat traffic
because the merchant can now grind up his
rotten beef and pork, deodorize it with chem
icals and put II in a tin? Any such theory
blocks the wheels of government and puts law
at the mercy OF every rascal smart enough TO
invent a new scheme OF evasion. The United
States has right 10 set up a standard OF public
safety and decency for articles entering into
interstate commerce. and 10 take ali necessary
measures TO enforce It,
There is no other way In which the people
as whole can be protected When New York's
beef was driven in from the Westchester hills
nobody thought OF that right. Now New York
is absolutely dependent on the Western supply.
and. except for the activity of the common gov
eminent OF West and East, cannot protect itself
from eating tlth and poison. Chicago, indeed,
| should by local inspection secure sanitary shops
Tor its workers ana healthful products But IL
III fails. New York has way to enforce that
duty upon IT, and IL is fair To leave one sec
ton of the country dependent upon the whin
OF another when there is a government CONNIE
tent - enforce its rights IL may be said that
meat inspection implies general factory inspec-
oa4a a-u IAs suvsrueAs.ou u al local vollcs