The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-27


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suit may be brought about under the in
nerent- or sovereign powers Of govern
ment.
Claim for Federal Control.
The claim for federal control has been
made by representatives of insurance in
terests as a measure Of relief from state
supervision. and by certain railroad Of
ficials for practically the same reason.
One of the latter in a recent address. af-
ter stating that a railroad not engaged IN
interstate traffic is subject to the juris-
diction of the state. said: when. how
ever, II engages in interstate traffic by
interchanging with other roads extend
ing beyond the state. II thereby becomes
interstate, and its situation under the
law IS entirely changed. 1t has become
subject to the whole body of the federal
law relating to interstate common car
riers, and has removed itself from all
state laws governing the same subject"
He also said 'I believe that the capt
taliZation of the railroads should be d.
rectly under the federal law. which would
provide federal authority to construct
and operate a railroad. the purpose of
which is to engage In interstate traffic
either over its own rails or through con-
Meeting lines"
Officials and others have suggested var
ious schemes having for their object the
bringing of railroads. other corporations
and interests under the exclusive control
Of the federal government. To that end
national incorporation has been proposed.
as has alao a federal license system. the
plan OF the latter being to prohibit COM
mon carriers and others interested in
commerce without a license, the license
only tc issue upon an agreement to obey
all federal requirements
Aim Of the Administration.
The aim of the movement in so far as
it relates to railroads and one of its pur-
poses have beer stated as follows:
There must be vested in the federal
and control over the railways doing in
terstate business. It must possess the
power to exercise supervision over the
future issuance OF stocks and bonds,
| (Which / should prefer or in some SINH
lar fashion. The federal government will
thus be able to prevent all overcapital-
ization in the future; to prevent any man
hereafter from plundering others by load
ing railway properties with obligations
and pocketing the money instead of
spending It on improvements.
Another contention of far-reaching i'm
port is that the power of congress to reg
ulate commerce, which has been held to
include the right to regulate instrument
merce is conducted. involves the power
to regulate the producer of articles of
commerce which may or may not be des-
tined t. erter later into interstate com
merce. 1t is insisted that any attempted
regulation may be made effective by pro-
| hiOitlng the goods of the manufacturer
or the crops Of the farmer from the
channels Of interstate commerce. These
various contentious. some of them so
new and so startling, represent only a
few OF the many.
Advice of Washington.
The object which their advocates have
in view is undoubtedly laudable. But
that is not enough. if in the execution of
their plans. they violate the federal con-
stitution and directly lead toward the de-
struction of our dual government Wash
ington's solemn admonition. in his fare
well address. as to our duty In such an
emergency. should be faithfully adhered
to. He said: 'Tf in the opinion of the
people the distribution or modification of
the constitutional powers be in any par
ticular wrong, let 1t be corrected by an
amendment in the way which the consti-
tuition designates. But let there be no
change by usurpation; for though this, in
one instance, may be the instrument of
good, II is the customary weapon by which
free governments are destroyed. The pre-
cedent must always greatly overbalance
in permanent evil any partial or transient
benefit which the use can at any time
yield"
ton as well as those of the original thir-
teen states, had a wholesome fear Of ar
bitrary power. They sought to limit gov
ernmental power by law, the source of
Which should be the peOple-I0e states 10
be supreme as to all matters, and to ex-
ercise all powers except those specifically
granted to the national government, the
constitution of each state to be the SUI
preme law and capable of amendment
only by its people.
Powers Expressly Enumerated.
In this way the three departments of
government were to be held in check and
their several powers added to or dimin-
ished from time to time as the wisdom Of
the people should direct. And upon the
judiciary devolved the duty of preventing
violations OF the supreme AVA DUTY
which has been faithfully executed. Guild
ed by the ideas and principles which pre-
vailed In the creation of the state gov
ernments, the trainers prepared the con-
stitution- under which our national gov
eminent came into existence. Every pow
er with which II was deemed necessary TO
endow the national government was CIV
en- to it, and in the exercise of these ii
was made supreme. To prevent any pos
sible assertion by the national govern
ment of inherent powers, those assigned
to it were carefully and expressly emu
merated.
But to avoid even the possibility of a
contrary claim, the constitution was at
once amended by the addition of ten ar
ticles-every one of which operated as
restraint upon the national government.
The last one, not only disclosing the in
tent with which the constitution was
framed but establishing beyond even the
possibility of cavil, that the national gov
eminent is limited to the powers specified
in the constitution creating it, reads: 1.-THE
powers not delegated to the United States
by the constitution, nor prohibited by it
to the states. are reserved to the states
respectively or TO the people" Other
powers have since been granted and in
the future still others may be given, but
the constitution as 1t now stands forbids
the exercise of any powers other than
those granted by it II leaves no room
for finding In the language OF the con-
stitution a claim that there are certain
unmentioned and inherent powers which
the federal government may exercise.
Opinion of Justice Brewer.
That claim has. however, been made in
the supreme court of the United States on
more than one occasion, only to be denied
by It. Quite recently, and in that inter-
esting and most important case Kansas
vs. Colorado the court was compelled
by the contention of the government of
the United States to pass upon its claim
10 exercise certain unmentiOned powers as
Inherent and sovereign. While the suit
was between Kansas and Colorado, the
United States interviewed, claiming,
stated by Mr.. Justice Brewer, that ''the
determination of the rights of the two
states inter esse in regard to the flow OF
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