Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-24

and extended have become our business
interests that occasions must necessarily
arise for more intimate connection be-
tween the government of the Union and
perhaps the fathers ever dreamed of.
Hence. il modern problems as con-
nected with the operations Of government.
are to be solved in the interest and for
ton is to keep abreast with advancing
civilization, new fields of legislation must
be occupied.
The Supreme Court.
While new laws must always be closely
scrutinized and care taken that they are
not inconsistent with the Constitution, we
must not be SO unwise or suspicious or
tmid as to reject a new law simply be-
cause 1t is new, or simply because it may
cover areas not consciously within the
mental vision or the thoughts of the
trainers Of the Constitution. That Won
derful instrument. the Supreme Court has
said, was intended ito be adapted to the
various crises of human affairs" The
wise men of the constitutional period
deemed 1t unnecessary to go further than
to specify the general objects to be ac-
complished by the national government
and to enumerate the powers that may be
exerted by 1t. leaving to Congress-under
Its responsibility to the people and under
A~S NoeAoiAsy " pass laws 90 "SA
necessary and proper to carry into effect
the powers enumerated and granted-to
employ such means. not expressly or i'm
pliedly prohibited. as are appropriate to
the particular object designed to be &C
complished.
THE supreme judicial tribunal Of the
nation has spoken with distinctness upon
this point. It's words. in a great case-all
Its members concurring-are: The Con-
stitution unavoidably dealt in general Ian
cypy ~
the people. in framing this great charter
of our liberties. to- provide for minute
specifications of its powers, or to declare
the means by which those powers should
be carried into execution. It was fore
seen that this would be a perilous and
difficult, If not an impracticable task. The
instrument was not intended to provide
merely for the exigencies of a few years.
but was to endure through long lapse
Of ages, the events of which were locked
up in the inscrutible purposes Of Provi-
dence. 1t could not be foreseen what new
changes and notifications Of power might
be Indispensable to effectuate the general
objects Of the charter, and restrictions
and specifications, which. at the present.
might seem salutary. might in the end
prove the overthrow Of the system itself.
Hence its powers are expressed In gen.
eral terms, leaving to the legislature. from
time to time. to adopt Its own means to
effectuate legitimate objects. and to mold
and model the exercise of It's powers,
as It's own wisdom, and the public inter-
dent, was the nation armed with author
ity to meet new conditions that might
arise, and which permitted or required
governmental action. Is the proposed new
law embraced by any general power
granted? Has it any reasonable connec-
ton with the specified objects. or any Of
them, to which, under the Constitution
the power of Congress extends? If these
questions be answered IN the afnrm2tive
then it will only remain for the law-mak-
ing department OF the government TO de.
termine whether the proposed law will
be conducive to the public welfare. And
that determination is not one of law. but
simply one Of policy. Granted the power
to enact such a statute, Congress can
employ any means, not forbidden nor in
germane to the end proposed to be &C
complished.
Duties Of the Citizen.
Therefore let the country gather all
the strength that comes from the patriot
ism and loyalty OF the American people
and 70 forward in its marvellous career,
holding to the confident belief. justified
by the words of the Constitution and
by judicial decisions, that the checks In
our governmental system will suffice in the
future, as they have sufiiced in the past,
to guard our institutions against insidious
attacks upon the fundamental principles
Of free government. or against the exer-
else of arbitrary or Usurped power.
Keeping within the scope and broad lines
OF the Constitution, we may walk safely
and without fear. We need not hesitate
to build on the foundations laid by our
forefathers. Those foundations are broad
and deep, and so long as new measures
and policies are tested by the plumb line
Of the Constitution and we keep well
within its wise limitations, we may safely
rear whatever superstructure our well
fare and greatness as nation may re-
quire.
Let US. then. move on In the old
paths, where is the good way marked
out by the fathers. Let US not give our
approval to any Interpretation Of the
nations power and PROSTATE the nation
at the feet of the states. or that viii de-
prive the states Of their just powers. Let
US hold fast to the broad and liberal, and
yet safe, rules Of constitutional construc-
ton approved by the fathers and estab-
lished by judicial decisions. In 50 doing
we will sustain our dual system. under
which the government of the Union Is
forbidden to exercise any power not
granted to 1t. expressly or by necessary
implication. while the states will not be
hindered or fettered in the exercise Of
powers which have not been surrendered
to the Union. and are not inconsistent
with the Constitution.
"Mr. President I owe an apology for
saying this much. There are other speak
ers to follow, whom I know you are
eager to hear. But cannot take my seat
without thanking the Kentuckians Of this
imperial city for the high honor they have
done me on this occasion. The memory
OF 1t will abide with me to my life's end,
and will be sweet heritage for my chill
dren. During all the years Of life now
quite extended-much OF which has been
passed in the nations service, away from
my native state-there has never been q
moment when did not have an abiding
affection for the great-hearted, high
minded. chivalrous people of my Ken
my people since the days before the revo-
luton. The old commonwealth, Mr.. Presi-
dent, is. indeed. a goodly land, a land
Of brooks Of water, Of mountains and
depths that spring out of valleys and
hills a land wherein thou shalt eat
bread without scarceness, and shalt not
lack anything in IT. And yet. well-nigh
inexhaustible as are its natural resources.
Kentucky's richest possession Is in Its
people. The brave men who first settled
the state and made its constitution and
laws and guided It's affairs during the
formative years of its earlier history
were worthy scions of sturdy stock.
They were great lovers of liberty and
were devoted to the Union.
Unity in Kentucky.
"In closing Mr.. President, must again
express my deep satisfaction in the
thought that upon all questions affecting