The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-27
9OVERNMENT "BY cONSTRUC-
TON"
Broader Aspects Of tho Administration
Case before the supreme Court.

broader Aspect o. the Aumhnistfativn
Csse BefOre the supreme Court.
To n EDrroR or TINE SuN-Sir: Tho
Roosevelt Administration was delighted
when the Supreme Court accepted Juris-
diction Of tho Kansas-C Colorado controversy.
shortly afterward II became vcry solicitous
over the rule OF law, quite apart from the
facts. to be used in the decision. Hence
the Intervention by Attorney-General Knox
In 1904, the conduct OF which soon fell into
the hands Of his SUCCESSOR. Mr.. Moody.
1t was hard enough for Colorado TO %
hailed by Kansas into the Supreme Court AZ
Washington. there to give an account OF
herself for ants for which she believed she
was not accountable to Kansas; but II was
harder still when exposed to q, fire from
White House batteries.
The Administration lawyers assured the
court hat he President was not 30 mucn
displeased with the Use of the waters OF the
Arkansas by Colorado as with her claim OF
sovereignty over the unnavigable waters
In her jurisdiction. They argued that the
final decree should recognize a power In
Congress and the President over the use OF
those waters by Colorado somewhat like
that which they exercise, or attempt to
exercise. over the use OF interstate railways.
Tho Administration evea intimated that
the court should hold up the case till Con-
gress legislated, but yet 1t did not quite
like to concede that no statute law existed
that controlled the case.
II In difficult In a historical. aspect. and
especially in view OF what the Solicitor
General said page i4s). to resist the infer
ence that the chief effort Of the Admins
tration all along was furtively to commit
the court to constructions" that would
put the great industries Of the country
under the thumb of Congress. He was
reluctant to conoede that no statute ex-
listed or could coDstitutionally exist which
controlled the issue. and yet he was half
willing to confess. In order that he could
put the weight OF the Administration on the
doctrine OF sovereign and inherent power
that it did not fall within an enumerated
power. or a necessary and proper implied
power. The strategy failed
For a moment the Solicitor-G General
dwelt on the m clause Of tho Con-
stitution and the existing interstate COM
merce law, but only for a moment. The
support was too frail. He Ii reported on
the seventh page Of tho Summary to have
said: Water is sold for irrigation Inc
llOWb oOWh btICaIh 1uu 1IVhB " "
the point Of delivery. The 'Amity' ditch.
beginning in Colorado. was constructed
to deliver water In Kansas"
Congress has an enumerated power TO
regulate among the several
States" but how. Il will be asked. can Con-
gress make commerce out OF water flowing
down the Arkansas and along bitches?
Nothing easier replied the Solicitor
General. Commerce means In the Consti-
tuition. he said. @sll sorts Of communications
and correspondence, dealings, coming
ings and exchanges The word.' he
added. lis not restricted to trade and traffic
or navigation or transportation. No one
can now say definitely what movements
and interactions across State lines may not
be embraced within its meaning
Such a definition OF commerce" shows
infinite possibilities for nationalism. 1t
may be one of the constructions" FORE
Swallowed by Secretary Root, to which Mr..
Vail an his oral argument for Colorado
page is4) invited the attention of the court
as impending over his client.
President Roosevelt at Harrisburg filed
his brief in the Colorado case with the
Supreme Court at Washington. arguing
that Congress- has a sovereign and inherent
power, outside Of and beyond its delegated
and implied powers. over the internal and
unnavigable waters Of Colorado. The Su-
pseme Court decided (i56 U. s. Rep, page
u that mere production in a State is not
interstate commerce, and therefore the
Sherman trust law OF 1890 does not apply
even to a monopoly company il it only
refines sugar in a State. but the President
argued that merely production in a State
may, IL a monopoly. injure another State,
and Congress ought to interfere by virtue
of the sovereign and inherent doctrine.
He declared at Harrisburg on October 4,
1900, that under a wise and far seeing
Interpretation of the interstate
clause of the Constitution the national
Government should have complete power
TO deal with all of this wealth which in any
way goes into the between the
States-and practically all OF IL that is en-
ployed in the great corporations does thus
go in"
He proclaimed at Harrisburg TO the
Supreme Court in Washington that he in
a Nationalist-not a Federalist, or a Demo-
cratic Republican. in the sense OF the party
nomenclature 0; a century sgo. nor a Wh!g,
nor a Democrat. of twenty-five years later.
a Republican OF these present days.
Bryan asseverates that Roosevelt Is better
than and superior to the Republican party!
II would be more suitable and seemly il
the President of the United States pub
lished himself a Constitutionalist. There
is need now Of membership OF a political
party that follows the flag and keeps step
to the music OF che Constitution.
DENVER. July %. COLORADO.
History when Seen Through Friendly Eyes.
To THE EDITOR OF THE SuN-!Sir: II gave me
- a.. 800 e. 4 o. m, - -.