The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-26

Tue Relative Powers Of the United states,
ths States and the People.

PREME COURT.
Tue Relative Powers Of M United states.
no states and the People.
To KpHToA or TxH eur-sG! The
recent comment In TEE suN upon the case Of
Kansas W. Colorado In the Supreme Court Of
the United states leAda me 10 point ous that
the parts OF tho opinion commented pom
not only In u Sun but BY several eminent
lawyers need not have excited such surprise
In view Of previous indications oy the court
and It's member Of the views which we're there
entertained OF the relative powers OF the
United States, the States and the people. An
even more important part Of the opinion 10
referred to later.
For example. In his address before the Joint
meeting OF the Bar Association Of Arkansas
and Texas, held at Texarkana July ~, 1908.
Mr.. Justice Brewer said:
know that there are changed sonditions and q
different social and business life from that which
obtained when the CONSTITUTION vas framed. IL
a~haeremsnts 70 the Constitution. but n must always
Dc remembered that this 10 q government Of aud
BY tbs people; and II additions and changes are
necessary, let them be made In the appointed way.
Never Lot the courts attempt 90 change laws or
Constitution 70 meet what they think present con-
ditlons require. When they DO this they clearly
usurp powers belonging TO the Legislature and the
people. .
fully believe that this nation 90 q nation has all
the powers which any nation possesses. but ] 90
fully believe that those powers se vested In the
people. and that only such % they have enumerated
In tho Constitution have they granted 70 ths Oev-
eminent. II they deem that further powers should
be vested In that Government the Constitution pro-
vides It's own way Of amendment; and 10 viii be .
sad day when the court 10 found asserting 70 the
proposition that II has the right 10 snlarge the terms
Of that instrument.
II We listen to tho contentious Of some we shall
be led 70 believe that when the farmer sows his
whsas. having In view the gathering In the fall Of
a crop OF grain which he intends 70 sell TO q mill
In soms other state. the power Of Con sress attaches
az upon . beginning of interstate and
continues until the wheat has been manufactured
into bread and eaten by the consumer.
Because . manufacturer may intend 10 dispose
OF some OF MS proauots IN interstate trame.
III. .nAs su"s,.s. nAs .ns nkn' 70 sopsrvee .ne
In..n,"n .a !, |, - s,rs,us ." ssSn"e 1
gr.at ,ndustns. hstwssn ,h.s comrsrss -h,,s :.
wholly within the state ana a., vn,ss :. .srr,.S
on between the states. the contention "a hat Con.
gress may take full control OF the entire industry.
the greater power Of tho nation swallowing up the
smaller power Of the States.
Is there not CANCER In this tendency, and may
we not wis'iy consider whether II ought not TO be
stayedf l know that IL 10 said that the national
Government Is more emcient than the States. cen
ro1cn supposed us In their entirety when the States
. nv .eacnt nem paruany' But IL emcieney the
-. .eS tL"ls. .nens centrsnsoo Government
hs. .voS $500, :. ,no uoSsinnen'. TOT nono
MANI ,nasr ar .hsair,. 49,. 81 ~,
ytdusl' Is there rot DANCE IN ,n,. c.n,rs,,.,,o,
OF building up the marty machine and he n.tv
boss and giving them a power such az has never
been dreamed OF In this country .
We speak OF the English Government 90 a mon
srchy. q Government without . written constitu-
ton, ana with an omnipotent Parliament. but
Canads' Aus'rans ana other English colonies have
.r more freedom OF government In local matters
.nah 20 our STATES LOOK among tne republics OF
."' !. u : S.oou = ionses'.m
a., 81. , = e.s,..s. 80
ernm.n, ,hsrs .,erc,ss. nn, . 49,. I,n,,.a . ~
and the direr,nt c,n,on. ar. s,nrsus \, sirnos, ~
matters.
In n.nv d.o,.i.,. -.
N. tTn,,.d co.. - 49, .eS. Ss"S
vs Hnn,a... Ts... a., 10 a.. WsSnI's
Wh.a,nn.. ..nsr,. ;n ~ W
,io. s,erv go
dso,rin. r.. -. .are = . .ne
The ns,ian re- no irnn,;sd nnm.n. 10 'n mS
inb.rsn, .oy.ran,r. ~, =, 49, nv ~
o,hsr ns,,ou. ~ ,ha, a. Ao n
nI,adtr ~, o. -. .~.i;.;.'u ~ on,s ~
power ia the neonl. small comto,t 4. ,h.r.
In ths dscIs,ons ~ the cn,,,t g. 81. ..-,I.
rn.m xho.. an.,rin. n, /. ~. la...s 49,.
nrin,sn n, 80 -. S.S~ -. ~" ~ sne
."a ~ roucie.
-.
enat because o'ner governments nave mat
power ana nnu u useiui' tnat because IL isa
cised by a State and must lin their view)
reside somewhere, It's habitat is In the Fed
eral Government. The fallacy lies in that the
overs which are not vested in the States are
vested in The people, and In their representa-
tives only so far as the organic act prescribes.
The text Of some Of these decisions is ~instruc-
tive and salutary: for the Supreme Court Of
the United States has never failed to distin-
guish between the States. the United States
and the people: and has called attention. IL
not in terms vet in substance. repeatedly.
pointedly and accurately. To the fact that the
Copstitution of the United Statss IA a fri
nar,i,a instr,msnt ana not ULs nanv, .n-
,r..t. a hiia,.raI an. H.. "a.
Si..rihu,. n~war hs,w.., 30. So.
a..,nn hvt ;" 49,. Ter 800 au =
nnvTy ~" ouy = ~ .no po"ers
sssn a, 70 d.nn,s - The Irn;,.S $500. ~.
oarsful restriction If the r~.latIvs ri.h,. a, ths
,wn r.rrss.ntativss ~ tn n.nnls i. irc,dan,.I
IN This main purpose For ramn,e ace IInitsd
ststes va Reese 90 II. q ~. Ths cou,, ,hsrs
said:
u,,h,r 4. ,.r,,m.,. sn,.,.