The Montgomery advertiser., 1907-12-24

 OPTIMISTIC Ma z a Notable Address
 in New York. DEFENDS FEDERAL GOVERNMENT Says Has Not Exceeded Right to Usurp Power. Advises Country to Gather Up its
 stfessth, for Nation is Too strong to Pity Itself. .alE5
DEFENDS FEDERAL GOVERNMENT

So"-<AoSoStoFNO tice Harlan of the United States Su- preme Court made notable address tonight at the dinner given at the Ho- tel Plaza by the Kentucky Associa- tion--notable as an expression from one of the foremost judicial author ities of the country in answer to re- cent criticisms on the tendency of the Federal Government to enlarge its powers beyond the limits laid down by the Federal Constitution.
 The dinner was largely attended and Justice Harlan was accorded an ova- ton. President Roosevelt sent let ter which read as follows:
 '.All thatsI can do is to extend through my heartiest good wishes to tine diners and my asurances of very sincere and earnest esteem and good that admirable public servant. Justice Harlan. who in the army and on the bench. in public life and in private life, has stood for what is highest in American lcitixenship."
 Vice President Fairbanks and Speak, CT Cannon sent letters expressing re- gret that they could not he present
 In responding to the toast. Ken lucky: United We stand. Divided We Fall,s Mir. Justice Harlan spoke in part as follows:
 "The-toast assigned to me suggests. Mr. President, many interesting thoughts about the early days of our commonwealth, and its relations to the national movement. Our fathers, resisting all appeals made to them to establish an independent state in the west placed themselves by the side of their brethren of the original states and caused to be inscribed upon Ken tucky's coat of arms the suggestive and memorable words United we stand; divided we fall. There are some. Mir. President, who think they see dark clouds upon the horizon of our future, and express grave appre- hension as to the stability of the gov ernnaent ordained by the people of the United States and established by the constitution. Tn c gpapuia ton of 90. 0nO.- a00 comprising people from all parts of the earth. many Of whom have no by law. nor any just regard Tor the rights of others, we must expect to ind many who indulge in gloomy fore bodings- as to the future of the coun- try and who seem to cultivate the sons are quite unhappy when the facts do not justify them in believing that everything Is going wrong. But there is no occasion for alarm. The American people knowing that eternal vigilance is the price of liberty will tah0 care LndI no HaIIfl bHdli Ctiu0 tO the government for national affairs and state governments for state affairs Is the foundation rock upon which our institutions rest. Any serious departure from that principle would bring disas- ter upon the American people and upon the American system of free gov ernment.
 Usurps No Unfair Power.
 Tt is true that national power. as now exerted, covers wider field of action than it did in the early days of the republic; but that does not prove. as the pessimist would have us think. that the Government has usurped pow CTS that do not belong to it and has entered the domain reserved by and for the States. It proves only that the nation has from time to time, as the public interests demanded. brought in- to active operation powers which Con- gross had not previously chosen to exert. While new laws must always be closely scrutinized and care taken that they are not inconsigtent with the Constitution. we must not be so un- wiso or suspicious or timid as to re- ject a new law simply because it is new, or simply because 1t may cover areas not consciously within the mem tai vision or the thoughts of the fram- CTS of the Constitution. That wonder ful instrument. the Supreme Court, has said, was intended to be adapted to the various crises of human affairs Granted the power to enact statute. Congress can employ any means. not forbidden nor inconsistent with the Constitution. which is germane to the end proposed to be accomplished.
 Therefore, let the country gather up all the strength that comes from the patriotism and loyalty of the Amer lean people and go forward in its marvellous career. holding to the con- fident belief, justified by the words of the Constitution and by judicial decisions, that the checks in our gov ernmental system will suffice in the fu- ture as they have sufficed in the past. to guard our institutions against in- sidious attacks upon the fundamental principles. of free government, or against the exercises of arbitrary or usurped power. Keeping within the scope and broad lines of the Constitu- tion we may talk safely and without fear.
 Let us not give our approval to any interpretation of the Constitution which will eitheg cripple, the nations power and prostrate the nation at the feet of the States; or that will deprive the states of their just powers. Let us hold fast to the broad and liberal and vet safe rules of constitutional Co