Daily press. [volume] (Newport News, Va.) 1896-current, 1907-09-18

evil All that is really needed is to
make impossible such an alliance in
the future. II can he done. When
done we shall have officials who seek
only the public welfare. Corporate
violators of law Will he punished and
not screened. and meanwhile honest
and thrifty people who seek To bet
ter their condition will no longer fear
lest in an hour of public passion their
Investments or their business may be.
swept away. Then also will disap-
pear the present excuse for so bend
ing the federal constitution rs tol
take away from the states control OF
their own citizens and their proper
ty and the powers of government will
seem to all to he. MS they are in real
ity. properly distributed between the
federal and the state governments.
at has boon my duty as President
of the American Bar Association. to
examine this year the more notable
acts of the legislatures of the several
states. and ms result OF that examl-
nation. | am warranted in saying that
the federal government Is not pro
cccdng with more diligence than the
states in their efforts to gain the
approval of the people. The fact that
the federal authorities recognized the
necessity of action before some of the
state authorities. and that they have
proceeded in Il more spectacular man
nor. certainly presents no justiflca'
ton for the claim that the public in
forests require that the federal gov
crnmcnt should absorb the leading
powrcs of the states.
"Thc President, In recent ad
dress. said: There must he vested
In the federal government full pow
or of supervision and control over
railways doing interstate business.
II must possess the power to exercise
supervision over the future issuance
of stocks and bonds either through 4
national incorporation (Which ]
should prcfer) or in some similar
fashion, The federal government will
thus Ia able to prevent any man
hereafter from plundering others by
loading railway properties with obli-
cations and pocketing the money In
stead of spending 1t In improvements.
In other words, he says that the states
must surrender all control over the
railroads they have created. in order
that such carriers may bocofc fedcal
railroads subject only to federal con
troll and regulation.
"Thc President has also urged that
Congress should empower the Inter
state Commerce Commission to make
Il physical valuation of railroad prop
critics: that legislation Is necessary
to deal with the rights of the wage
workers employed by these corpora
tons: that the law limiting the hours
Of labor of railway employees should
he strengthened; that the National
Employers Liability Act should be
made n moro far reaching and thor
ough law and that the national gov
crnment should deal with questions
affecting the public health.
"But some at least, If not all of
tho states. have passed statutes reg
ulatlng hours OF labor. Some at
least have enacted Employers Liza
bility Acts. and the constitutionality
OF such acts has lScn established and
II has been held again and again by
tho Supreme Court that the right TO
make regulations affecting the health
of the people Is within the police pow
or of the states and unaffected by the
Fourteenth Amendment.
IL venture to say that it has never
occurred to any student OF the Con
stitution. that these powers which
have been exercised by the states as
within their right, by consent OF
every department OF the federal gov
crnmcnt for more than century
are. after all, within the spirit and
purpose of the commerce. clause. fed
oral powers. Nor do | understand
that such carriers may become fcedral
Tho clai mmade in effect is that the
federal government should have these
ana similar powers instead of the
states. and hence the federal govern
mcnt through its various departments
should boldly take them.
ITO evidence that | do not over
state the nature of the claim for in
creased federal power. quote again
from the President. He said at lar
risburg:
The claim made in effect Is that the
owe need through executive ac-
ton. through legislative. and through
judicial Interpretation and construc-
ton of law To increase the power OF
the federal government II we fail
to increase IT, we show our impo-
potense'
These are weighty words pregnant
with meaning. Let me read them
again that they may sink deeply in
your minds.
These are the words not of an
idle dreamer but of a purposcful and
rcsourccful man. Let us annlyZe his
statement.
"U)-There is an admission that
the Constitution does-n not confer tho
powers which the Executive desires
to have exercised.
"(2) Nevertheless 1t is his opinion
that the federal government should
employ such powers as If granted.
"(3) And when? After amend
ment by the Acople. ms the people
themselves provided in the Constitu
Al.