The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-08-03
FEDERAL POWER.

Judge Brewer, of the United States
Supreme Court, addressed Monday
the State Bar Association of Arkan
sas and Texas at Texarkana. He said
that the tendency of the times is to
ward giving the national government
the powers belonging to the states
This. he said, is directly opposed
by the spirit of the constitution. He
thinks that it threatens the passing
away of the government of the people
by the people and for the people He
deprecated the idea that the Federal
government should regulate divorce
polygamy and other such matters
Apparently he did not allude specifi.
cally to Federal regulation of insu.
rance, but his reason for that is obvi-
Gus enough.
In the course of his address Judge
Brewer made some statements which
are likely to attract attention. He al
luded to John Marshall as the great
expounder of the constitution. The
keynote of his doctrine was that the
Federal government is supreme. Then
he is thus reported as to his success
sor
of Justice fancy, who succeeded
Justice Marshall, he said that it had
been predicted that fancy would in
terpret the constitution along differ
ent lines from those of Marshall, but
that prediction failed of verification.
Justice Brewer quoted the bred Scott
and other decisions to show that Ia
ney's views were strictly in line with
the doctrines of his distinguished
predecessor.
"'Taney has been abused and mis-
represented, and by reason of the war
his career as a justice has been OBJ
scured temporarily" said Justice
Brewer, but now he everywhere is
recognized as worthy successor to
the great John Marshall, and his de-
cisions will stand as lasting monu-
ments to the history of American jul
1t is unusual to hear a defense of
Judge fancy from such a source, and
especially that the bred Scott decis-
ion was in line with the doctrines of
Tohn MorcbolI Tudra prouar d;d not
allude to the fact that in the adoption
of the Thirteenth, Fourteenth and
Fifteenth amendments the doctrine of
the bred Scott case was entirely dis
but he said a desire to cen
tralize power in Washington was re-
sponsible for them. With many" he
said, there seems disposition prac-
tically to eliminate state lines, and
relegate states to the position of large
centers, with nearly all authority in
Judge Brewer declared
himself emphatically for the rights of
the states that are not delegated.
1t is unquestionably true that since
the cival war there has been a mark
ed tendency to increase the powers
Of the Federal government. The SUI
Dreme court has resisted this tenden-
cy in many cases, but not in all. Re-
cent decisions by a majority, have
made the constitution largely depend
ent for its operation in new posses
sions on the will of congress, though
t is certain that precisely the contra
y was intended. Judge Brewer said
he did not believe that the trainers
IF the constitution meant to confer
IN the government a power to secure
colonies and govern them as conquer.
ed provinces without allowing them
IN equal voice in the government. His
hearers understood him to mean that
he constitution should follow the flag.
But it must be remembered that Judge |
Brewer speaks for a minority of the |
court as now constituted
Courier Journal