The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-16
CRITICISE IDEAS OF
ROOT AND BROWN
Speeches on Relations of
States With Government
Are Explained by Chiefs
WRONG IMPRESSION
sPEcIAL pIsrArcH no rRE 81


WASHINGTON. Dec. l5-consider-
able criticism has been expressed IN
Congress and throughout the country
Nver the speech made by Secretary
Root in New York Tuesday night ana
ITS answer by Judge BroEn
TIE secretary has informed all those
who have called upon him IA regard
70 X that his position IN the relations
between the Federal Government and
INC states has been wholly rlisunder-
STOOD lie did not mean. he said to
advocate the idea that the Federal
Government had the power. o. should
have the power, 20 override the States
whenever anything concerning the
common good of the union was IL
question.
On the contrary. the Secretary. nho
Is an acute lawyer and great student
o RE constitution. intended that his
remarks Should be in the nature Of an
appeal 10 the states for concerted ae-
ton on all questions wherein TIE rights
and privileges OF the Union were cor
cerned- The Secretary did not propose
10 evade or defy tho plain edicts Of the
constitution, as result OF which the
Federal Government Is a government
OF specifically delegated powers only.
while the constitution reserves to tho
states all rights. powers and privileges
not granted TO the Federal Government
In 50 many words
MAY MODIFY CRITICISM
With this explanation as 70 the pa
cific and innocuous character OF the
Secretary's speech an explanation
which is the more necessary because
OF the fact that an ordinary reading
of the speech would convince any one
that the intent OF the Secretary was
the opposite--it is believed criticism
viii be greatly modified and die down.
Secretary Root. as il now seems,
intended to cali attention 10 the tend
ency which is so apparent IL the d.
rection of the Capitalization Of power
IN the United States Government, and
II was his aim in the speech merely to
stir up the States in such way as to
induce them 10 make more use Of their
own powers and to prevent the concen-
tration Of governmental work at Wash
ington-
Secretary Roots speech. however.
was merely putting into words theory
which has been allowed TO grow up
rapidly in the State Department OF late.
This theory is. in brief, that the
United States Government, through the
president and with the consent of the
Senate, may pass a treaty with any
foreign country on any subject which
concerns the people of two countries
and that when such a treaty is prom
people of the United States. the con-
stitution or the laws OF any State to
the contrary Notwithstanding
TREATIES VS.. CONSTITUTION
There are many men in the State
Department and elsewhere in the Gov
eminent service who take the ground
that the treaty making power is neces-
sarily as broad the right Of self
protection. and that the Federal Gov
eminent, having been given the right
TO make treaties. may deal with for
eign nations without regard to the
Limitations of the American constftu-
ton.
II was this doctrine. framed and fos-
tered By the bureaucrats of the State
Department. which was responsible for
the stand taken in the first instance in
regard 70 the San Francisco schools
and which may before long become
equally responsible for an assumption
on the part of the Federal Government
OF the right to fix absolutely the
amount Of water the citizens OF Chicago
may draw from Lake Michigan for
sanitary or for drinking purposes.