New-York tribune., 1907-11-24
DISCUSS CONSTITUTION.
F" ell kno7cn Speakers Before Eco
nOmic Club at Boston.

non OF The Federal Constitution in Its Rela-
to" 10 present Day Conditions and Needs were
presented before the Economic Club of Boston to-
night by four speakers of national reDute
Inc hrst speaker Walter Clark of Raleigh
- mei justice Of the Supreme Court Of
,i pi'n CaroHna. The phase of the general topic
WHlch Chief Justice Clark chose 10 impress On
ms hearers was Judicial Supremacz,, his whole
ADDRESS being directed the emphasis of dangers
l,'uehl 70 the increasing confusion in the coun-
Try OF the three divisions of government-tbe ex-
eCulIVe' legislative and judicial-and the rise to
SUPREMACY OF the last named division
Eu"aIu b. Whitney, Of New York former As
s~istahr ~ United States Attorney General was the
next speaker He said in part:
ton GHPerence seems to show that if the Constitu-
non non IS 10 be amended during the twentieth cen
tatop 'T M adeildIneHt must be preceded by an agi-
sary twothirds majority in GIoneress ne dec t
seyeTS Gonrmaton from three-fourths Of the
from some powerful engine-either some great gen
and social and labor organizsfinne el n RT1essiona @
nIPPorted i ; Dy syndicate of newspapers No mere
ernment is likely TO enlist such a Support as this
federal Constitution in its relation to 9rese3f %R9R m
g0vtrnment nn t are expanded the powers of the
ances fnf dsoTernment of checks and bal
make our rulers stop and think most of the time
aId not comparatively litte devised in times quif
33rooie V.b lI btg aIrohg condltons quite simple by
mio tnousht the less government the bet
taught from that Of the British government as de-
yideJ for xof ~, nGmeh aGnrerS. II therefore pro-
partments. each independent of both others We
could delegate any of its work to either of the
=. The structural change most likely TO occur-and
u H. IS % "a G4ngS not only possible but threatened-i
ATTY iaJlyc department Of the government. For now :
f,pcin Ime P Past me JudcIary has been exercising
resulted from the invasion Of the statute books
have been called undue medding and mprb %oud 10
calistic. ''40'eu So-
he adj
ers. Of New Haven, dean of the Yale University
Law school who spoke in part follows:
We are threatened with a revival of federalism
ana with federalism which is more extreme and
ever countenanced or would have tolerated The
se have f9ed 10 on perdT fore e that the
SO lhat great eXl5 have grown up which the states
have been free if only the FEDERAL T'o go1eTn me
ment had exercised the authority and not the
That the evil exists is conceded. That the states
that the federal government would have done bet
ter IS a mere assumption, and one am not pre-
tories and in the District of Columbia ali the
the legislation respecting the corporations when
Congress has enacted has not been better than the
laws of Congress have not secured publicity OF ac
waterings and no system Of nspection has been
established over federal corporations. The Union
sss Which at artef aq nricr cesar SapIa Sor II
s54,G90eo. showing estimated overcapitalization
Of $Sl. 10000
Toe President Of the United States has been
known on various occasions to express his convic
ton that what the country needs is true execu-
tive action, true legislation and true judicial inter
pretations and constructions to increase the power
of the federal government" His distinguished Sec
of the American bar, whose ability and patriotism
no man. calls in question. agrees with him.
When able and patriotic men tell US that not
withstanding universal suffrage Constitution
provides for class government. and one 50 organ
lied that consolidated wealth can dominate
institutions against the will of the people. re-
spectfully listen. but am not convinced that facts
JuStltN the indlcIllerl ana am not READY 70 heIp
pull down the pillars Of the temple Of government
in order that may begin TO establish n CON
stitution founded on different principles.
If the people send TO the legislative bodies rail-
and express companies and attorneys for the trusts
and if they permit corporations to contribute
election it is absurd to place the blame on the
Constitution and declaim that we have govern
saddle and 1 do not say they have done so. II is
because the people put them there It is not neces-
The power that put them in can put them out and
can do II easily and effectively whenever deter
mined upon doing So
Professor Franklin H. Giddings. Of Columbia
University. New York, gave the closing address
of the evening.
1T has been impossible for this nation TO live
and grow within the strict letter Of the fed
eral Constitution as il stands written to-day
said Professor C5iddings. Therefore. since the
people have neither adequately amended their Con-
stitution, been able 10 live within its provi-
sions the Justices Of the Supreme Court have been
compelled to make the phrases of fundamental
law more elastic than rubber that the people
might find room within them for more civilized
existence"
Stating that originally It was the idea that the
government should interfere little possible
with private individuals, Professor GddlnEs de-
clared that il was preposterous to maintain now
that the government should not interfere with the
gigantic artificial beings. the corporations. which
lion fhp Of Ena ir f4rtr1a