The Washington herald., 1907-04-14
CONTINUED FROM FIRST PAGE.


than any other grant OF power included
in the commerce clauses of the Constitu-
ton. 1t is but an arbitral power TO COM
pose controversies.
Words Carefully Chosen.
THE phrase selected-'to regulate com
meree among the States'-is not Of the
class that creates new conditions, or
changes existing conditions by force of
statutes. or in virtue of sovereign au-
thOrity. The words, regulate commerce
among the States, that were sovereign,
does not include the right TO create or
to forbid, or to control, or direct COM
merce within their limits and contrary to
their laws
In all these qualifying words of con-
structi0n there is one idea that Is su-
preme. Il is that tie entiTA commerce
clause of the Constitution was directed
70 the regulation of commerce as a busi-
ness relation, between or among or
with peoples and governments. in gem
eral and national sense. and did not re-
late. on extend, TO common carriers in the
transportation Of commerce.
No Common Carriers Then.
The common carrier. as an appendix
to commerce or as an agent TO conduct
commerce by transportation only. was
not in the contemplation Of the men who
ordained the Constitution. when they pro-
yided for the regulation of commerce
among the States, any more than was
the tonnage of the vessels. or the size
or the build of the wagons on which it
was transported.
1t is just at. this point that the man
date of the tenth amendment Of the Con-
stitution which was Mr. Jefferson's s
great bulwaTk against Congressional ag-
gression. is interposed. And il has en-
listed the determination Of all who obey
the Constitution, To support the rights
reserved to the States and the people,
and to enforce their authority while the
republic exists
There is no principle or important pro-
vision in the Hepburn rate bill that is
not grounded In some right. duty, obli-
cation, or liability of common carriers.
by land or water. Every feature of
that law relates more or less directly 70
the business OF common carriers. as
class. and seeks TO place them under the
control of "a national commission. and
under new laws for their government
Rights Merely Personal.
"The rights Of common carriers were
merely the personal. individual rights Of
persons engaged in s. business pursuit
and were among the rights reserved 10
the people that the States had COM
pletely established by law and did not
delegate 10 Congress, but controlled them
by their local legislation. II. by any
stretch of construction that can be given
20 implied powers delegated TO Congress.
so that the rights to regulate common
carriers is necessarily included I'm the
right 10 regulate commerce among the
States. it is equally true that the right
to regulate common carriers. as to their
conduct within the States. was not dele
gated 10 Congress but was reserved TO
the States. respectively.
states Enact Their Own Laws.
THE States, alarmed by the construc-
ton placed on the Hepburn bill, are.
many Of them. enacting laws based upon
their reserved rights and power. to op-
crate exclusively within their respective
limits. that are being assailed by power
ful combinations of the corporations Gre
ated by them in virtue OF these sovereign
powers
Our praises of Mr.. jefferson are as
the sounding brass and tinkling cymbar
OF people who enjoy repose at the ex-
pense of honest self-respect, If we fail to
rally to the support Of the Constitution Of
the United States as it is expounded in
the first ten amendments II the rail-
roads created by the States can destroy
the sovereignty of their creators and
cause it to be abandoned to the power of
money, or to national political intrigue.
or to personal ambitions of the leaders
a.. E.su.. .rksa
celebrate viii become the saddest me-
mortal America viii ever have cause TO
record as the day that marks our de-
generacy as a republic
supreme Court Must Act.
This is not an occasion when the su-
preme Court of the United States can fol- /
low in the trail Of political maiorities and
declare that they must follow political
results on political or national questions. |
The United States have no voters. and |
through State sovereignty alone. all vot- |
ing is done by the people of the States. |
The States have public policy as to the /
sovereign powers that is older and bet /
ter established than that of the United /
States. II Is established in the Constitu- I
tion. and is quite as much to be respected 1
by the courts as that of the United /
States created by acts of Congress"
Col. Harvey Talks.
Col George Harvey. who used to |
have group of middle initials, but 1
lost 'em somewhere in Franklin Square |
made vitriolic onslaught on President |
After commenting that every /
business man, Republican or Democrat /
RACES in the protecting silence Of private 4
discussion, but speaks with bated breath 4
or not at all in the face of possible publi- /
cation. and has grown so accustomed to 4
hnstinted preaehments, unmerciful seold- /
ngs, and scornful invective that he ex-
poets TO be denounced as a reacHonary. /
said:
rs there no courage left in us? MUST
.inne -honored Democracy fnIlnw the Re.