Semi-weekly herald., 1907-10-03

l
} courts to work their desires unchecl
ed; and sich a decision would in tn
end be as disastrous for them as TO
us II the theory OF the Marshal
school prevails, then an immense fiel
of national power, now unused. will
be developed, which will be ADEQUATE
for deal with many. II not all of tn,
economic problems which vex us; an,
we shall be saved from the ominou
threat OF a constant oscillation be
tween economic tyranny and econo
mic caos. Our Industrial, and there
fore our social, future as a nation de
pends upon SETTLING Alright this urgent
| question.
The constitution Is unchanged and
Interchangeable save by amendment in
due form. But the conditions to which
il is to be applied have undergone
a change which is almost trans.
| formation. with the result that many
| subjects formerly under the control of
| the states have come under the con.
| troll OF the nation. As one OF the
justices OF the supreme court has re.
| Gently said. The growth of national
powers, under our constitution, which
marks merely the great outlines and
designates only the great objects OF
national concern. is TO be compared
to the growth of country not by
The geographical enlargement of its
boundaries, but by the increase of its
population hundred years ago
there was, except the commerce which
crawled along our seacoast or up and
lown our interior waterways. practi-
cally no Interstate commerce. Now.
by the railroads, the mails. the tele.
part of our commerce is interstate.
BY the transformation 1t has escaped
rom the power of the state and come
nder the power of the nation. There
'ore there has been a great practical
,hange in the exercise of the national
power. under the acts of congress.
over interstate commerce; whiue on
'he other hand there has been no
noticeable change in the exercise OF
nerce with foreign nations and with
he indian tribes The change as re-
sards Interstate commerce has been,
sot in the constitution, but In the bust
ness of the people ot which IT is TO
Ne applied. Our economic and social
',;ture depends In very large part
lpon how the interstate commerce
power of the nation is interpreted.
believe that the nation has the
Whole governmental power over inter
itate commerce and the widest dis
aretion in dealing with that subject:
Of course under the express limits
prescribed in the constitution for the
exercise of all powers, such for in
stance as the condition that due
process OF law" shall not be denied.
The nation has no direct power over
purely interstate commerce, even
where II is conducted by the same
agencies which conduct interstate
commerce. The courts must deter
mine what is national and what is
state commerce The same reasoning
which sustained the power of congress
to incorporate the United States bank
tends to sustain the power to incor-
porate an Interstate railroad. or any
other corporation conducting an in
terstate business.
There are difficulties arising from
our dual form of government. If they
prove to he insuperable resort must
he had to the power of amendment.
let MS first try to meet them by an
exercise OF all the powers of the ma
tional government which in the Mar
shall spirit of broad Interpretation can
| be found in the constitution as 1t Is.
They are of vast extent. The chief
economic question of the day in this
I
| country is to provide sovereign for
the great corporations engaged In in
| terstate business. that is. for the rail
| roads and the interstate industrial
| corporations. At the moment our
prime concern is with the railroads
When railroads were first built they
were purely local in character. Theii
boundaries were not co-extensive ever
with the boundaries Of one state. They
usually covered but two or tbre'
counties. All this has now changed
At present five great systems embod,
nearly four-fifths OF the total mileage
OF the country. All the most import
ant railroads are no longer state roads
but Instruments of interstate com
merce. Probably S5 per cent OF thei
business is interstate business. |
is the nation alone which can wit
wisdom, justice and effectiveness e,
ercise over these interstate railroad
the thorough and complete supervisio
which should be execised. One OF tn
, chief. probably the chief. OF. the dc