Evening journal., 1906-12-28
.lE RIGHTS
OF The STATE
)iiCitOr HOyt Agrees VI
Root That States Should
Have More Power
2Y IMPORTANT QUESTlO

our own Wire Publishers Presg
WASHINGTON. Dec. 2s-A vigoro
cfense Of Secretary Of state Root FRO
lie public charge that he has. on l.,
llf Of the administration. favored
trongly centralized government 20 III
cjudice OF the reserved rights OF Ia
tates is made IN a brief filed wit
ne Supreme Court Of the United stat
y Solicitor General Hoyt. of the Do
artment Of Justice. The documoi
PRESENTS the governments contention
the now famous case Of Kansas rs
colorado. upholding the right Of ned.
tal control Of certain streams neccs
ary TO prosecute properly the work
he reclamation service.
In maintaining that there IS a con.
vet between the states which only thi
ational sovereianity is competent e.
'etile. the solicitor general makes tht
following comment on Secretary Root's
recently much discussed speech:
The present Secretary OF Stat-
uaclks with the authority Of a eminent
public man as well as counsel learned
IN the law. The purport of his recen,
utterances on. uniform state laws has
been misconceived. He says that 70
one State maintains a law condemned
by the public, sense Of the while csun-
try. or hgs and fails in the perform
ance OF its duty. then the instinct Tor
self government Of the people Is too
strong to permit them long 70 respecr
any ones right TO exercise a power
which he fails to exercise. His con-
clusioh is that the states must awake
to their responsibilities. must reassunle
and exercise their power His search
ing words are a plea for more State
power: greater States rights not less.
According 70 tho department. Of
justice. the position taken by the Esd
eral government in this case raises a
constitutional question. the Importance
of which has never before been ex-
decided.
The waters IN question are desirsd
for irrigation IN Colorado, Ia which
State the river has rs source. ifaneal
raises the poiRA Of riparian rights. She
wants the waters for irrigation pug
poses Against her contention Gala.
RADIO claims to do as she -pleases Will
the waters as a matter OF sovereign
right. The government says that 4
does not agree with either State. 'Theii
powers OF internal police" it is de.
clared. "aro exhausted at the boundary
and vet the effects are claimed to pass
beyond.
It IS here that the government claimi
Of further powers than those enumer'
atediand implied under the constitution
may again draw the fire OF those wh'
have been contending that the odmiris'
tration was aiming to take away valn'
able prersgatlves from the states.
The solicitor general declares tina
such a question should be measured
by the test whether it concerns onl,
the rights Of state or, its citizens
within a state, or affects other statel
aud their citizens and the citizens o.
the United states in. general,
The government eNpectsto meet Will
stern opposition IN this attempt 10 ex'
ereise control over ron-navigable inter
State streams. The minority party II
Congress seems to have come 70 thu
conclusion that the Kent national cam
paign can be fought out on the ole
issue Of States rights. Leading Demo
cratic Senators have already depounc
cd what they claim 20 be the gradua
encroachment of the executive upon tn
legislative and judicial branches Of tn
government and the radical encroach
ment Of the Federal government upol
the well defined rights Of the States
A number Of resolutions in opposition
TO this alleged policy have already beel
introduced. and speeches are in cours
OF preparation.