New-York tribune., 1906-12-14
STATE RIGHTS AND STATE DUTIES.


The cause of state rights-thOse legitimate
and constitutional rights of the states which
thoughtful American wishes to impaired
has had no more valuable champion than Sec
rerary Root His address on Wednesday even
ing in this city was hastily interpreted by some
as demand for or a threat of increased federal
power at the expense of the states. 1t was not
II was in part no doubt, eXplicatiOn of the
essential development Of federal power. But it
was no less plea for the confirmation and per-
peruatiOn of state rights through the co-ordina-
ton with them of state duties. As such it is in
an exceptional degree worthy Of the attention
of those who have been seeing portentous visions
of centralized power and federal usurpation.
For Mr.. Root made il clear that if such visions
were ever realized 1t would be the fault Of the
states themselves. and that it is not those who
seeking extension of federal authority but those
who cling to an extreme Interpretation OF the
state rights doctrine who are the chief menace
TO the states
The fundamental fact is that this country. this
union of states, must have government which
serves the welfare of all its members That
would be equally true if it were Il compact and
centralized nation or if it were the IOosest kind
Of cOnfederacy. \ principal reason for the
failure OF the old confederacy was that this fact
not sufficiently and practically recognized
and that there was too little striving after the
common good in the governments of the various
states 1t was Ito promote the general welfare"
that the Constitution ordained. Now 1t Will
not do to say that that supreme aim can be de-
feated by the action rather the inactIon. of
q single state. We can readily imagine what
would be the result if some state were, for ex-
ample so to neglect the enforcement Of sanitary
laws as TO make itself plague spot and men
ace 10 the health Of its neighbOrs, or were to
regard the criminal code so lightly and TO be
lax in police administration as to make itself an
asylum for evildoers. Such conduct on the part
Of any state would be generally recognized as
intolerabe. This country invaded Florida. sub
sututed its own authority for that of Spain, and
finally dictated the surrender of that territory
10 the United States, primarily because the inetfi
cient administration Of Spain had permitted it
to become a public nuisance and q peril TO its
neighbors- So some way would be found. would
have TO be found, If any one Of our states made
Of itself an offence to the common good.
Alr. Root did not, of course, contemplate the
possibility Of any such extreme case. But the
same principle must apply, in due measure. to
any Of less urgency. What he did argue and
plead for. in a manner which should prove eff
fective, is that the states shall protect their
proper rights by performing their duties. He
recognized, all should do that the natural
growth Of the nation and the closer interweav-
ing Of interstate interests have not only pro-
NOTED the growth OF g spirit of nationality. but
also have made necessary the development OF
those rights and powers Of the federal govern
ment which We're amply provided in the Consti-
tuition, but which We're not needed and were,
therefore, held in abeyance until recent years.
National government and state governments alike
have rights, but the neglect of duty is not
among them. II would he disqualification to
say that the welfare of the people must suffer
because the federal government or some state
government would not do its duty and
could not be compelled 10 do So The
whole theory Of our government is that gov
ernment exists not for its own arbitrary
sake but for the sake Of the people and their
welfare Those functions which can best he
performed by the states should be left 10 the
states, whether the Constitution prescribes such
reservation or not. Those which can best or
can only be discharged effectively by the federal
government should be discharged by If. That is
the theory and intent Of the Constitution. and
there can be no surer way TO maintain the Con
sututIon and 20 preserve the fine balance be
tween state rights and national sovereignty than
for both federal and state governments to be
as scrupulOus In fulfilling their duteS-tO the
whole Union-as they are vigiIant and sensitive
IN protecting their rights against invasion or
Impairment.