The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-08-27
Addresses Himself to Subject
of Federal Relations.
Sees Cause For Alarm in Encroach
ment ON state Rights by
Government.
THE NORTH CAROLINA AFFAIR

session mere several Jays, hSdlthS
reports of committees aud addresses
by some of the leading iurists Of the
country The opening address was
made by Judge Alton b. Parker
president Of the association who
spoke in part as follows:
The recent claims for federal in
PREVENTION in directions heretofore
unheard OF, are based upon the com
merce and post road provisions of
the constitution. As to the first, the
constitution says the congress shall
have power "to regulate commerce
with foreign nations, and among the
several states, and with the Indian
tribes" Is il within the spirit and
purpose Of that provision, that con-
gress may control the manufactures
and all other productive interests Of
the states. whether controlled by in
dividuals, or corporations, the erea-
tions of the stateP The answer Of
even casual student Of the consti-
tuition and. the conditions surround
ing its making, must be, in the Mega
tive. Nor is authority lacking to sup
port the proposition that production
is not commerce (Kidd VS. Pearson,
.12S L. s., -. And it is authority 70
regulate Interstate commerce. not
production within a state. that the
constitution confers upon congress.
An attempt, therefore, to deny 10
the harmless and .useful products Of
a state entry into interstate COM
merce would violate the letter and
spirit Of the constitution. Such a
proposition, l believe. would not sur
vive the test of constitutonality in
the supreme court. But the result
of even an attempt on the part of
congress to seize the power OF the
states and deprive the moi so large
a measure OF control would be most
unfortunate.
1t Is not my purpose TO discuss the
merits Of the various claims for an
increase Of the federal power at the
expense Of the states. In the ens
such OF them as are faYorably acted
upon by congress. will have to pass
the test OF constitutiouality before
that greatest of all courts. the SUI
preme court of the United States. ana
such statutes will stand or faH as
they show, or fail to show, fidelity
to the spirit and purpose Of the con
stitution.
The attempts, however, on the
part OF the federal government to
despoil the states OF the powers aud
functions belonging to them. will not
tend to smoothness In the working of
our dual scheme Of government. Az
ready II has had its effect The in
dignation OF the governing forces of
many OF the states IS already arous-
ed. It is shown in the legislation of
the year. II had not a little to do, in
my judgment, with the recent con-
nlct of judicial authority in North
Carolina.
From many quarters for the past
two years have come the iteration
and reiteration of the necessity for
the assumption of federal control.
based in the main on the feebleness
of neglect Of the state governments.
The tide of speech and writing, if
not Of public sentiment, has been
so strong that only here and there
could be found a person who would
attempt to stand against IL. When he
was found, his motives were discred-
tied. So, when a judge in the per-
Torrance of what he undoubtedly
conceived TO be his duty. restrained
the operation Of the legislation of a
sovereign state, it seemed TO some,
doubtless. but the elimination Of a
series Of assaults by the federal gov
eminent upon state governments.
And yet we know that, by the Four
teenth Amendment, the power has
been conferred upon the courts of
the United states TO Sc. aside state
statutes, and state constitutions as
well. If they deprive any person of
life, liberty or property without due
process of law.
IL was the understanding, / dare
say. of the great majority OF the
people who voted for It. that the pug-
pose Of the amendment was to pro-
tect the negro. But It was not so
limited in terms, for. indeed, its Ian
guage embraces every person. And
while that amendment remains part
of the constitution, The federal courts
have jurisdiction TO pass upon The
question whether given statute does
or does not violate the Fourteenth