New-York tribune., 1906-05-31
THE PACKERS AND THE CONSTITUTIONS

| THE PACKERS AND THE CONSTITUTIONS.
The scr11ples of the beef packers about the
constitutionality Of the pending measure for
federal inspection of their operations come q
| little late For the sake of the argument only
let us concede that there is fair chance for
endless debate and divided court on the ques-
| ton. The exact point beyond which in any
generation federal power cannot go without in
vading the preserves of the states Is always
a matter of nice calculation. 1t has varied good
deal with the need OF the hour The Constitution.
which in Jefferson's time seemed hardly TO au-
thorize the building of lighthouse or breakwater
for the protection of commerce. is now by every
body admitted TO warrant then undreamed Of
exercises of federal authority. 1t will not take
much such education as that which converted
Speaker Cannon TO the support of drastic meas
ures against his Illinois friends TO con-
vince everybody, from the Supreme Court down.
that the distribution Of beef products for general
consumption is a federal concern such as the
Constitution meant TO bring within the jurisdic-
ton of the United States government, the in
tention, however-inasmuch as the stockyards
did not exist in 17S7-being expressed in
general terms the full significance of which
time and circumstances have developed. The
Constitution grows. and we can trust its inter
prefers TO see that its growth is so directed as to
guard the people against evils from which only
the federal power can protect them. So the
packers need not worry about the Constitution.
In fact the less they worry about it the bet
ter for themselves. II federal inspectors have
no right TO enter the packing houses to insure
healthful meats for interstate commerce. they
probably have as little right TO be there TO GER
tify 10 the sOundness of meats for export Ought
not the tender consciences of the packers in
that case to be offended by government pat
of 1bo
France and England may not take the meat
without government inspection. but the Con
sttution is more than meat. The advertise
ment that meats are packed subject TO federal
inspection undoubtedly helps the sale of goods
here at home. but if inspection is uncOnstitu-
uonal The packers are too good patriots to
want IL continued. Their scruples are q little
late. as we say. seeing that they have enjoyed
the countenance of the Department of Agri-
culture all these years; but it is easy to make
amends now.
AS for the government If it is seriously con-
tended that the present scheme of inspection
merely as safeguard against fraud or disease
is unconstitutional, il has another string to its
bow. 1t can make use Of the taxing power 1t
can tax out Of existence every slaughterhouse
which does not carry on business according TO
Its regulations. just it taxed out Of existence
every bank of issue not organized under fed
eral law. 1t can tax and by taxation regulate
meat packing, as ii regulates distilling brew
ing. tobacco manufacture and the production
of oleomargarine. That may be a drastic rem
edy. but it can be resorted TO If the packers
do not Ike the methods of regulation proposed
The Constitution is fully adequate to the cor
rection Of abuses in their business and if they
make any doubt about it the consumers can
easily see that there is less business than now
for the Constitution TO strain itself over