Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-22
Believes in Constitution.


| duty that l come to you tonight with an
informal talk upon some subjects which
I conceive to be of general public interest
rather than prepared speech. l do not
affect to disguise the fact that there are
some tendencies of later years and some
heresies to my way of thinking which
have given me painful solicitude. 1 think
the finest instrument, all things consid-
cred, ever conceived by the human intel
lect or drafted by the hand Of man is the
Constitution of the United States. 1t has
seemed to me to be of waning popularity
My friend Senator Depew, l think, has
seen occasions when it was not popular
much to rely upon it even in the Senate
of the United States.
1T is chart by which our ship is to
sail If she keeps in safe waters, and if it
may be successfully enlarged, save it be
done In the way pointed out by that in
strument we have departed from the safe
line OF governmental conduct into a realm
OF irresponsible government. There has
not been a year since 1t was adopted
| which has not INDICATED the ability and
foresight of the men who framed it Gap
plause). and during all those years, in
time Of peace and in time OF war, it has
been found. until within the last few
years. adequate for the proper govern
ment of the people Of the United States.
Il do not know wherein it is now made
quate. but I do know that If it be made
quate 1t is only to be changed in the man.
ner pointed out in the instrument by the
fathers. They ere ated a government of
three independent and coordinate
branches-the executive. the legislative
and the judicial
Revolutionary Policy.
But within the last few years we have
had propaganda that wherever the
states in the exercise Of the powers not
,foI
ment but reserved to the states and to
the people by the states to themselves
and the people did not exercise their re-
several powers In a satisfactory and COM
petent manner. constructions of the Con-
stitution would be found to deprive them
OF them. l look upon that as revolution
airy and destructive of the government
founded by the fathers.
whether the states and the people of
the states exercise their reserved powers
as they should exercise them is, under the
Constitution of the United States, to be
determined only by the states and the
people of the states.
Wrongs do not leave off where they
begin. nor always where they end, but
breed new conditions in their course. To-
day nearly half a dozen states of this
Union have passed acts fixing rates which
may be enacted by railway carriers in in
terstate commerce which have been as
as violation of the fourteenth amend
ment, which provides that no state shall
deprive any person of life. liberty or prop
erty without due process of law or of the
equal protection Of the laws.
Supreme Court Stands Firm.
And when compliments go to the fe l.
eral court, where under the Constitution
they have the right to 60. 1t being fed
eral question, how are they met? They
are met by ingenious schemes devised by
state legislation. under which on demur-
rer, admitting the conf1scatory character
Of the rates, they say that you have no
remedy because we have fixed it SO that
there are no parties whom you can sue.
If that should come about there would
have been for the first time in our his
tory really a successful notification by
states of the Constitution of the United
States.
But thanks to the foresight of the
fathers who made this Constitution it
will not come about. for there is a su-
preme Court of the United States. 1
thought we were through with nullifica-
ton. Didn't you? Well, there is little
excuse for it: Then it is proposed out
exercise Its power in manner which
suits some one constructions will be found
to deprive them of their powers. One
cannot very much blame the states for a
little reciprocity.
II think the people of the United States
ought to think long time before they al
low the commerce of the United States
to be put in a straitjacket. to be tighten
ed or loosened as some one at Washing
ton may think best Let us keep the
channels Of commerce free, allowing no
one, corporations by contract in unreason-
able restraint of trade or any power, to
obstruct the free transit Of products and
commodities from state to state not only
innocuous in their nature but necessary
to the people. Frederick the Great said.