Omaha daily bee., 1906-12-13
ROOT ON DUTIES OF STATES
Secretary Discusses Tendency Toward Cen
traliEatisr { Powers Of Government
! OEVELr BRING NEW CONDITIONS
~ Can Only he Checked by
.cSS< Seeing Their Duty to the
4 - Country at Large and Leg
- fslatinE Accordingly.

! NEW YORK. Dec. l2.-secretary Of state
Elihu Root was the guest OF honor at the
eighth annual dinner Of the Pennsylvania
society of New York held this evening at
/ the Waldorf. Astoria hotel More than 100
members Of the society were present Pres
! ident ]. Hampden Robbs presided. secre-
/ tnry Root responded TO the toast The
/ United States"
/ Mr.. Root said
! What is to be the future Of the states
/ Of the union under our constitutional form
which the clauses OF the constitution dis
tributing powers to the national and state
government are henceforth to be applied
/ are widely different from the conditions
which were or could have been within the
contemplation OF the trainers Of the con-
sttution, and widely different from those
the republic. Few Of the men Of 17Sl
would have deemed IL possible that the
union they were forming could be main
| tained among S5,WOOO' OF people, spread
over the vast eXpanse from the Atlantic
| to the Pacific, and from the lakes to the
gulf.
state Action Inadequate.
! Such changes in the life Of the people
4 cannot fail to produce corresponding po-
/ ltical conditions. Some Of these changes
plainly TO be seen that the people Of the
/ country are coming to the conclusion that
/ IN certain important respects the local
adequate for the due and Just regulation
and control Of the business which was
/ transacted and the activity which began
and ended within the limits OF the several
states are inadequate for just and due con-
! troll Of the business activities which ex
tend through all the state, and more power
I of regulation and control is gradually pass
I Ing into the hands OF the national govern
/ ment. Sometimes by an assertion Of the
| an assertion OF the taxing power, the ma
tional government is taking up the per-
/ tOrmance OF duties which under the
| changed conditions the separate states are
! no longer capable Of adequately perform
! ing. The federal antitrust law, the anti
! rebate law, the railroad rate law, the meat
! inspection law, the oleomargarine law, the
/ pure food law are examples Of the pur-
! pose Of the people OF the United States to
| ernment the thing which the separate state
! governments formerly did adequately, but
no longer do adequately.
! New projects OF national control are
| mooted. uniform divorce laws; child labor
laws and many others affecting matters
formerly entirely within the cognizance
OF the state are proposed.
New View of Duties of states
l submit to your judgment and 1 desire
70 press upon you with all the earnestness
l possess. that there is but one way in
which the states Of the union can main
tain their power and authority under tho
conditions which now before us az
that way is by an awakening on the par
OF the states az a real question Of their
own duties to the country at large. Under
/ conditions which now exist, state can
hye to itself alone and regulate its affairs
with sole reference to its own treasury,
its own convenience its own special inter-
ests Every state Is bound to frame its
legislation and its administration with ref
erenCf not only 80 its own special interest,
but With reference TO the erect on all its
sister states Every individual Is bound
to regulate his conduct with some refer
ence TO its effect on his neighbors and the
more populous the community and the
I closer individuals are brought together, the
/ more imperative becomes the necessity
which constrains and limits individual con-
duct
1t is useless for the advocates OF state
| riEhts to tnveigh against the supremacy Of
/ the constitutional laws Of the United States
or against the extension of national author
ity in the fields Of necessary control where
| the states themselves fail in the perform
ance Of their duty. The instinct for self
government among the people of the United
states is too strong TO permit them long to
respect any ones right TO exercise a power
mental control which they deem just and
necessary, they will have. Ii may be that
such control could be better Nercised in
particular instances by the governments OF
the states, but the people will have the con-
troll they need either from the states OF
from the national government and II the
states fail to furnish it in due measure,
sooner or later constructions OF the con-
stitution will be found to vest the power
where II Will be exercised in the national
government. The true and only way 10
preserve state authority Is to be found In
the awakened conscience Of the states
their broadened views and higher standard
Of respOnsi biity TO the general govern
ment, in effective legislation by the states
in conformity to the general moral sense
! OF the country, and in the vigorous exer-
authority which Is TO be preserved