Durango semi-weekly herald., 1907-06-03


since then :.ely interpreted, we, the
people, have committed to the M
tional government certain great pow
ers OF sovereignty-al those powers
of sovereignty that are essential to
national greatness, strength and dara
bility. But we. the people. rsserved
to ourselves or to the state, all ele.
ments OF sovereignty, whatever they
were, which had not by that instru-
ment been committed to the national
government. The people of this great
country have ever considered this dis
tribution of powers an essential fac
tor in securing the permaneuce of free
government. II restrains, On the other
hand. the development of an arbitrary
despotism. and, on the othe- hand, It
prevents Internal conflicts which might
rend the nation into Incapable frag-
ments.
1t was argued in the days when
that constitution was before the peo-
pie of the original thirteen states for
adoption, that a country OF great ter.
ritorial extent and large population
could not live as democracy, that its
very greatness would require the
strength of central CONTROL the
heavy hand of an emperor. Man like
Hamilton, the strongest of constitu-
tional nationalists, argued that while
that might be so as between pure
democracy, where the people them
selves directly acted upon all ques-
tions, and kingdom or empire where
one central authority imposed its Will
upon the people, yet that the argu-
menJ did not hold as to representa-
| tive government; for, however great
the country, by the proper adjustment
of representation in national councils.
| all the benefits of democracy could
| be obtained without the danger of tyr
| amy resulting from an empire. Time
| has proven the value of his pbiloso-
ply.
There Is, however, at the present
| moment, tendency to make the pen
dulum swing in the other direction
from that which characterized its
| movement fifty years ago. Men prom.
| inent in national affairs now contend
that the states are unable to cope
with many of the problems of the day.
| and that to meet those problems ade-
ouately national authority is required.
i They go further. and this is the point
| at which | must emphatically dissent.
They say the process of amendment
| of our national constitution, which re-
| bn ,.f -
the states is slow and cumbersome,
| and difficult that to avoid the bur
den of such method of change re-
quired by the very letter of our fun
| damental law, a short cut should be
taken; that new interpretations should
| be placed upon the words of the con
stitutlon; that by judicial construction
a change should be made In the re.
| lations of the states to the national
| government You who read the cur
rent news and keep in touch with the
views of public men, are familiar with
these contentious recently urged
| shall not dwell upon them. but shall
content myself with calling your at
tention to a specific illustration, in
| which you yourselves have personal
interest and whihc gives point to the
| question under consideration.
Colorado is on the crest of the con
tinent. 1t is the source of many flow
| ing streams which. after serving us,
| flow onward to other states. The Do
| lores, the Grand. the White, feeding
| the Green, the North and the South
Platte, the Arkansas, the Rio Grande,
the San Juan, and your own Rio Las
Animas-all of these find their ulti-
| mate sources In these snow-clad noun
| tains which in serried phalanx range
| around and past you from New Mexico
| to Wyoming. No rain falls, and no
snow melts in Colorado but that in
its continuing flow the water becomes
part of an interstate stream.
There has been lately pending in
the supreme court of the United States
a suit by which the state of Kansas
sought to restrain Colorado from the
use within her own borders, of the
waters of the Arkansas The govern
ment of the United States interviewed
in that suit and made the contention
that Interstate non-navigable streams
were subject to national control, and
that for the proper adjustment of
rights upon those streams the govern
ment at Washington should control
the administration and distribution of
their waters. That case was argued
last December in Washington, a day
or two after Mr.. Secretary Root made
his celebrated address In New York
city on the relation OF the states to
the national government, in which he
suggested the amendment OF the con.
stitution by judicial construction. 1t
was my fortune to be participant
In the argument before the supreme
court The government was repre-
sented by the honorable solicitor gen
eral, gentleman of great ability, and
one for whom all of us who know
him entertain the most cordial regard
Between himself and the court, how
ever. a colloquy arose concerning this
contention of the government, ant
concerning the views that had then
been recently expressed by the secre
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