New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-16
MORE FEDERAL POWER.
WHEN IT MAY BE NEEDED.
y. II. Dickinson Urges Respect for
Constitution to Bar Association.

core the New York State Bar Association, in
session here tonight. former Assistant United
etates Attorney General ]. NJ Dickinson of
chicago, discussed the subject Capitalization
bv Construction and Interpretation of the Con-
stitItion." His remarks were predicated upon
,.cent utteraHces OF President Roosevelt and
secretary Root the necessity of increasing
the power Of the federal government
THE remedy proposed" said Mr. Dickinson.
.gs a shrinkage Of the powers of the states and
an increase Of the power OF the federal govern
rnent by judicial Interpretation and construc-
tion Of the Constitution.
81 believe in increase of the power of our
national government, that it should be made
adequate 10 control everything affecting the
general welfare OF the people Of the United
States that the states cannot effectively deal
With but that IT should come in the way the
people themselves have provided. The Consti-
tuition has had fifteen amendments Whatever
the people want can be obtained by amend
ment
ITO say that the very forces that make the
eXigency for an extension Of the power of the
national government Will be corrupt enough and
strong enough to prevent the adoption of proper
amendments, is impeachment of both the
courage and honesty of the American people.
If it has come TO that. can government rest
ing upon a citizenship so degraded and cow
HIGHER PATRIOTISM.
In quoting President Roosevelt and Secretary
Root Mr.. Dickinson said they had with direct
ness and courage challenged all Corners to high
debate. Il am not presumptuous enough TO
enter the lists champion. but only make
bold TO perform the humble OFFICES of herald.
TO proclaim upon what issues the gage has been
thrown down." said the speaker. He went on:
Those who oppose their doctrines cannot answer
them by arrogating TO themselves higher patriot
Try. abandoned professional emoluments that few
fsVer would have the co,igage ana en- tIe y
sacrifice The other, inspired with The deepest
as Il were. constantly burning with rage almost
eiytne TO advance his countrys standard the
Iet as. UNDERSTAND the fun meaning Of what they
Interpretation Construction Is required 4 na1S
who runs may read. The President says that, in
state action IS possible Therefore there is need
through Judicial Interpretation and construction
Of law to increase the power OF the federal gov
Mr.: .Root says that SO long as the states fail in
tie discharge of their functions measure up
derec9on will iner crease the Disposition of 7q i6e
people 10 appeal to the general government ex-
cred the exclusive right OF the states
Inc only difference between the two is that the
President says that need an increase of power
IN the national government through judicial inter
that i the states do not reform sooner or later
satinGs ~ t ~ W1 e aE99Tsd py nG cGa
sanction. and may he fairly regarded as the asser-
states: Thou art weighed III the balance and art
found wanting. and with deep solemnity Of pro-
mend their ways their kingdom viii be divided and
Power reeosnized az belonginE to each Of the
states IS on account 81 the GeTslictton OF sGne to
ercse such powers justly and effectively. willingly
an to the same phe This ss @ ae nHs a5
to be made by amendment as proyided for IN Art;
construction Of the Constitution This doctrine Is
ares If 1ir cd3'In,,lafas With DSa0nIoenpi
rapidly. Envy and discomfort are aroused Many
regard such vast aggregations OF wealth under one
tnn IN to @ social and F poeal TsFS 5na
The federal Constitution is scanned for remedy
curb The evil BY the imposition Of an. inheritance
efitufjo1al mower foI9fas Tho Integrity NJ The Con
stitution. The power 10 tax is the power to de-
stroy. bur not power conferred for the purpose OF
While the limitations OF the purposes for which
go 80 may be leElea ny toleess aaqTess them,
-uaieial determination, the bounds set by the Con
ever Of Congress IS limited raising revenue for
Tsylne The debts and providing for the common de-
Mr.. CHoATE SPEAKS.
In opening the thirtieth annual meeting of the
association in the Common Council Chamber
the City Hail this morning, Joseph H. Choate. OF
New York. former Ambassador OF the United
States 10 Great Britain delivered address in
which he drew interesting parallels. comparisons
and contrasts between English and Anglican
legal practice. Among other things. he de-
noUnced contingent fees. Of which he said In
part:
The chief cause OF detractIon Of our absolute
Independence and disinterest advocates IS
generations ago by statute by which lawyers and
Clients are permitted 10 make any agreements
fees Contracts for shares. and even contracts to
pay al the expenses and take half the result are
We wonder then. II the community implicate the
lawyer who conducts cause with the morale OF
FOR share OF the result. what answer can we
make 70 such a criticism? And how can we blame
ne community when II suspects that such placI
uces are frequent or common, ana even SANCTIONED
oy eminent members q ne RT9Gs ISL II lucy
refuse 10 accord 10 Of us that strictly proIes-
arTlster enjoys? And how can ne courts puL IN
fslth IN the sincerity of our laoors as aics 70
them in the administration of justice II they nave
reason 70 suspect as OF having barsdlheo ior d
share y the result? ..-., ..,,.o
70 follow such practices. 10 take a eontlngenI
fee share in the CONTROVERSY, ana am olo a,
fashioned enough wish that every rneTnper 81
take sl1ch stand and 10 believe that IL he did so
For a whole generation. yes. for two generations;
We had before Us a noble example Of this moral
distiucon-alas is longer with u.s. rete i 10
ously led us. and who believe never touched
Contingent fee share IN cont nNbsS orid ex-
he had the conduct and was for al me woi nP the
setlg ike The best examples OF the lcaoeIs % 'N0
English bar.
LITIGATION HERE AND ABROAD.
Tie amount OF litigation must be less IN Eng t
than sew York in proportion TO tne Popfnal he
oiherHise fl would be quite ip4ssI nd the lords
justices Of the appeal and the judicial colI ~
e the House Of Lords 70 o. dP Dssnd Without
serious accumulation or arrears " Ilie nenpIe we
81 New York with its eight MILLIONS OF Peopflss
justices