The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-15
OBSERVATIONS ABOUT
GENERALIZATION TREND

the corresponding dlminutien of the pow
ers Of the states
by the fifteenth amendment to the con-
stitution the discrimination between races
in respect to suffrage, which the states
hitherto had the power to make was pro-
hibited. BY the thirteenth amendment not
only was slavery abolished but freedom
was firmly established for all men of
every race or color everywhere with
In the jurisdiction of the United States,
and the Congress was given the power to
enforce and protect this freedom by the
enactment of appropriate laws. By The
adoption of this amendment the freedom
of all the people of the United States,
which had hitherto been subject to the
sovereign will of the states, was put In
the keeping of the nation.
What One Amendment Means.
by the fourteenth amendment to TIL
constitution all persons born or natural
lied in the United States and subject to
the Jurisdiction thereof were made citi-
zens of the United States, as well as Of
other states, and the states were forbid
den to pass laws which should abridgo
their privileges or immunities. The right
of all persons to the equal protection of
all laws and to the enjoyment of life, lib
erty, and property, unless taken away
by due process of law, is guaranteed
against the attacks of any state. The
right of every citizen IN every state
to the equal protection of tho laws of the
state in which he resides, as well as his
right to liberty and property, are held
under the protection OF the power of the
nation, and subject to the final adjudiea-
ton Of the exalted tribunal here at Wash
ington, the supreme court which inter-
prets the nations will. The added security
to the rights of the citizen coming through
the adoption of this amendment to the
constitution cannot be overestimated and
is rarely fully understood.
There is another reason for the broad
ening of the scope of national Justice re-
snlting not so much from any change in
the organic law of the nation as from the
change In the methods of business arising
out of the great inventions which have
revolutionlzed 1t. BY the constitution
from the beginning the Congress has had
the power to regulate commerce with for
efgn nations and among the several states.
There has been no change in the national
power here Over Interstate and foreign
commerce at has always been supreme
But there has ben a wonderful change in
commerce itself. which, through the de-
yelopment of postal facilities. the inven-
tfon of the telegraph and telephone, the
discovery Of steam and electric power
and the construction of the great steel
highways for the transportation of pas
sengers and freight, has overleaped the
boundaries of the states.
A Great Economic Fact.
"a few days bring to us the growth of
the soil of Florida and California, and
carry back to their people the products of
industries in all parts of the country
The commerce one hundred years ago
save that which crept slowly along the
great waterways and from seaport to sea-
port along onr coast, was almost en-
tirely commerce within the states. II
now has been largely transformed into
commerce between the states, and that
transformation has escaped from the con-
troll of the states and come under the
control of the nation. We have been slow
to realize this great economic fact and
its effect upon the national government,
particularly the national Justice.
I venture to say that If throughout our
history all the people had. had equal and
reasonable facilities over the highways
of transportation, many of the economic
evils of which we now justly complain
would never have come into being. Com
binatons whose power the people fear,
and whose operations at times appear
oppressive to the point of economic useful
ness and would have stopped there. 1t
is my belief that as time goes on the
nation by appropriate laws, will exercise
more and more of its plenary power over
the commerce within its control To that
extent the scope of national justice will
be broRdened and deepened and strength
ened."