The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-12-24
N0IENCROACHMEIN||11
on STATES RIGHTS
MIR. Justice Harlan Stands
for Dual Cove ent
bye Constitution. I.;SS
RIGHTS OF AsTE 1
FLJNDA

ciety, Decries Pessirnistic Pre-
dictions as to Centralizing
Tendencies and Re
flutes Assertion.
NEW YORK, December Associate
Justice Harlan. OF tho United States
Supreme Court, made notable address
tonight at dinner given at the Flo
tel Plaza by the Kentucky Assocla.
tton-notable as an expression from
one Of the foremost Judicial authori-
ties OF the country in answer to recent
criticisms on the tendency Of the Fed
eral government to enlarge It's powers
beyond the limits laid down by the Fed
eral Constitution. The dinner wa.
largely attended, and Justice Harlan
was accorded an ovadoE. President
Roosevelt sent a letter, which was rea5
as follows:
a"All that I can do is to extend,
through you, my leartiest good wisliss
J to the diners, and tile assurance Of NY
'.vcry sincere and earnest esteem and
| good will to that fine old American
patriot, that admirable public servant,
Justice Harlan, who in the army and
on the bench. In public life and private
life, has stood for what Is highest In
American cittzenship. 3
Vice President Fairbanks; In a letter
expire ssing regrets that he could pot6
attend. wrote: you need no assurances
I tEat would be very glad. tndeed.sssetQ
accept were It possible for me to do SO.
but an engagement here, for the nfstse
| of your event renders 1t tmpossibl forf
me to Join with your society. In honor
ling that great man and. great Arneri-i
/ YT,,,~1 ~1nv, ,1ysa hr1
among the greatest men who have pre-
sided IN the Supreme Court of the
limited States.
Speaker Cannon. in a letter express
ing his regrets that he could not be
present, wrote that he had hoped to
attend, mot only because the banquet
lis to be under the auspices of the ken
ltuckians' hut also because 1t Is to be
In honor of MIR. Justice Harlan. who
has so splendidlv lived up to and still
Lives UP TO the noblest trad tttons of his
native state. and who has added ssd
. much To- tho in,perisha hie fame sof ta4E
great tribunal of which he sis g mem. sl1,-
JssssIss I1sFsss's .sAAress,
4 d The banque. comrhenorated the totl.
i pietton by. Justice Harlan OF thirty
YEARS. servlc. on the supreme bench
He responded to the toast T Sentucky:
limited We Stand :. Divided We Fail
lin the course OF his address Justtss3
Harlan said In part:
The toast assigned 70 me sugEsfIss
4 Mr.. President. many interestlna
i thoughts about the early days OF oni
4 Commonwealth and It's relations 10
4 tho national government: Going sbacis
iKentucky.s fSs iii History, we We recall the in.
1teresting fact that very hortly snfteI
the close 81 the War OF Independsncs
and after the acceptanIs;e OF the Con, n
4 States. a scheme was devised ! by fsor.a
4 eign conspirators and domestic trai :.
4 ors to detach the people OF lSentucRs
/ from all connection with the states s., ot
gharies the western limit of the Inttsc
States This scheme found no. faxo.s
with the indomitable hunters of Ken
dian tribes In the wilds of country
i then unsettled. established a state gov, E,
ernment, with a Constitut!on nodels,i
4 after the Federal Constitution. ana
more than !, century ago appiied 70
4 Congress for the admission OF their
State into the Union. Thus orr IA
sesls,nE al spRsals nads
lin the West, pl ced Ath emsei Ives W, ,tils;
side OF their brethren OF the original
4 States. and caused to be inscr ribed upon
i |kentuckys coat of arms the Suggess
4 stand. divided We fall sss *. Il
Quotes John Marshall.
There comes to my mind. Mr.. l'rssi
-l.lent, a personal letter of the great
4 Chief Justice. In which he made span5 .;s.
slistrlking use of ISeptueky's nlotto ltt,fss Z
lit is peculiarly appronrlate g upon stslis D,
4 Occasion to quote his word =. He saii:
j"T am elisposed to-: ascrihe my devotion
1 Competent to its preservation, at least.
las much to casual scircumstanceS as 70
/ Judgment 4 had groMn,lp az q Tina ms
~. when the, ina I'm. United we stand
Ievery orthodox American nd hatt
5limbibed these sentiments so thorouSss-
4 ly that they constituted 10 par = OF my ".
being carried them M, %isle III s.s s.,,,
4 ciated with brave men fron dilferent
1 States who We're i'iskints life at,ti ever
4 thing valuable In a. common. cause peS.
tlslieved by all to he most precious. rec 10Y 4.
i and where was combined In the habit
4 OF considering America as IN country
Land Congress as my govern men aLl g
\ habit OF ltsidering Amerisa E % Y
4 and work of the inco nlpara bio 1urtsts
1 Whose profound and lucid giud gmeE I, q
on behalf or the court OF w hicha lse
Twas the head. bnilt the broad ihl lgliyray
i upon which, the nation has advancaA5
4 to its present position OF power nd
Estrength and unity Ii II. III. Il WI
ltefutation uf PSssimi~M.
What. let me q SIX. q re; some OF 8
4 grounds upon which the pes 81 mist 81
4 these days bases his fears for the safetasi
Z ot our institutions i? He persuaties HIN. n
self to believe tlla at the trend n pnb;is
"A affairs to. .daysis toward . the centra
1 zation Of all gcrernmental pow IN
i the nation and the lestruc Ion oil tIiA
4 rights 81 y this were rssl-
would DO 10 resist such asrley sby
4 every means IN hi ls power. 4 national
4 government for ma tional aMaica. And
Estate governments for state AFFAIRS sa
4 the fonndau on roc X .upon which oYr'
4 sIinstituttons rest. Any sert tous depart-
( Lure from that ps pie nv o,lld bring
!, ldisasten upon the a me- rtcan peonla ssnd
4 upon the American System of tree
lguvarnnlGnt. ,ss Z, "
u; Y but the tact is NOT as the Sposslrniss s
! la,lesss 'it to be- THE American peopisl
are more determinad Than sst ANN Y t!.ns
!. LIN, their history to maintain both nM- <
4 tinnal and State rts hts, as ttsss ri igtlts
exist under the Union ordained W lna
4 [l,onstitatton, ] say the pes pie OF the
!, United Y States. for al lthougii the tssqp,s
!, stitution was &c pied bys he sepaE aEath
action oe the people In heir rcspecttYa
!. States they nFnv ed toast ttaN, IN thH!E