New-York tribune., 1907-08-27


Treasurer Frederick E wadhams. of Albany.
ranorted the total receipts for the yeaT as
SI7 800 and the total disbursements Slo.oSI.
Secretary John Hinkley, of Baltimore, reported
rsc membership at present as 1888 including
representatives from all the states and terri
tories of Alaska Arizona. Hawaii. Indian Ter
ritory, New Mexico. and Oklahoma
II was voted that a committee OF five be ap-
pointed TO consider the establishment of home
for INDECENT lawyers who have been thrown on
their friends for the necessities of life. Inc
executive committee reported that since the last
meeting 433 new members were elected The
committee authorized the president to appoint
ten delegates TO the meeting Of the National
Civic Federation at Chicago. September %
to 20.
In an address Tonight Judge Charles F. Ami
don, of the United States District Court Oh
North Dakota, said:
According to our theory OF government. the
Constitution is written and changeleSs; Out III
our actual national life it has been supJect 20
constant change. to accommodate IL 10 chaiieou
conditions. $780,
Within the last fifty years economic forces
have been introduced into our hfe tnat are d
revolutionary Of pre-existing conditions as the
introduction OF gunpowder was of the state OF
feudalisrn. When the Constitution was aooptSo
the unit of our social and business life was the
commonwealth. To-day our industry ana our
commerce national. The units OF CONNER
many states. often TO the entire nation. Com
cident with this change has occurred a revolution
in the state activity. The doctrine OF lalsse]
faire has been abandoned. and government is
now present in all lines Of business. Nhen the
state regulated but little. business was not con.
cerned In who did the regulating, but now trlat
ali governments are competing In their zeal for
regulation, whether the nation or the states 90
the regulating becomes matter or pafaiiouii'
It is Impossible TO maintain Over carriers the
manifold control OF the different states and the
1 =
SEPARATE local from through business, and pc
cause whenever the state prescribes scneouit
OF rates for local business II thereby directly ana
necessarily regulates interstate business as
we'll The necessary consequence is that either
the nation must take control Of commerce WIN .
in the states the states will take controi o.
commerce within the states State control or
railroads will re-establish state supremacy over
interstate commerce. to prevent whlch was t,lS
chief domestic cause FOR the aooptioh vi ''o
Constitution
The national government and the states
cannot prescribe rules to the same lnsTu.
mentality without being brought into constant
conflict This has already brought us 10 the
verge OF civil war in North Carolina, ana peeh
the occasion Of the sharpest acrimony IN otlS.
states Such a conflict must in the END result
in the complete supremacy OF one authorlIy or
the other.
| The truth is that the national government has
so long neglected its powers under the COM
rnerce clause of the Constitution that now whsn en-
IL tardily takes up its duties IL Is charseo ny
the states with usurpation-
COMMISSIONER PRoUTY'S PAPER READ
A paper on THE Fundamental Defect in the
Act 10 Regulate Commerce" prepared by
Charles 4 Prouty Of Vermont, member or the
United States Interstate Commerce Commission.
As he was unable to attend the convention IL
| was read by Judge William T. STAKE OF Fhiia-
delphia, being in part as follows:
If the Interstate Commerce Commission is
and Of w1 such nalit9 every effort made
dor law IS charged with two
sets of duties requiring diverse qualifications for
d9eF t dsehag II o ee that these higways
in fact public commanded to enforce the pro.
see that rates are reasonable and just: that the
9a 3s s pd0aes Provd by the the act
are enforced. In the near future It's powers nnuS'
These duties are largely bS TesnonsibIe to the
eAitieisrns enefTsnTe anu ''''7
second-Ths commission is in essence a judicial
tribunal. which hears and decides complaints Inc
qualifications of such body are the 5 exact oppo
that is decisions may be the resultant ,h
Of To All Rds poca Il ad sGDIs PERSONAL S
and it should have time for the deliberate consd-
1 very much doubt whether the same BODY can can
properly discharge both these functions IN ine
duties or will. the zeal Of those become UNIT
functions. Whatever may have been true Ii IN fne
sSoId be relieved Of ali It's duties except the hear
ing and deciding of complaints 49, ,-,-. :.
accoTnpliehed The commission itself might per
haps be reorganized and its duties divided Its
executive functions could be transferred 70 bu.
reau in some department ] have myself thought og
that a new department should be created Such a
denartmsnt would from the first have Occupation
in pienty No department would be oftener applied
10 bv ali classes nor would any be OF more service
10 the whole public. railways and patrons aike IN
beginning this paper had intended TO refer more
reached before subject anG can only urge the
desirabsy Of plishing the thing In some
manner.
One OF the most important matters which Will
he considered at the meetings will be the report
OF the standing committee on insurance law, TO
he presented tomorrow morning. II undoubt-
edlv will be followed by a lively and lengthy
discussion. This committee has under consid-
GRAFTON a bill TO safeguard the interests OF life
insurance companies and the policyholders
The first session Of the Association OF Ameri-
can Law Schools was held this afternoon Will
lam p Rogers dean of Cincinnati Law School.
i'm his address as president Of the association.
called attention TO the fact that young man
NAV now secure his law degree before ne is old
enough TO be admitted TO the bar, and asserted
that # was a striking defect I'm the system of
loyal education. He proposed that the members
go on record as favoring the adoption by the
association of a course OF TWO years preliminary
studv in a standard college or university by all
candidates for the LIB. degree in all the
schools belonging to this association.
Professor Albert NJ. Kales. of Northwestern
University Law School, read paper on the
Next Stem In the Evolution Of the Case Book
NEW YORKER STRIPPED OF CLOTHING