Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-27


limitations as productive of more harm
IMAM good. more baneful hCresyicd
could find Judgement among our peu-
pie, and yet no method could he de-
vised by which it would be given moro
substantial help than by the vigorous
teaching and rigorous enforcement of
me r'ta, that the constitution speaks
the same meaning yesterday, today.
ana forever and that those who are
charged with its Interpretation will be
guided by this purely scholastic spirit
me constitution performs it's chief ser
vice when it holds Tie nation back
from hasty and passionate legi.la ton.
The constitution cannot be amended
IN the manner III which it provides for.
that purpose. Since 1904, more than
1000 amendments have been proposed
but with the exception OF the war
anne ndments all have failed of adoption
Even those amendments could not have
secured the required number of states
mad 1t not been for the coercion of
military power and political influence
such as can never again be cmployctl
The most impressive lesson taught by
those amendments is that tii.. manner
which it provides except as the result
of passions which wholly disruaiify
tie nation Tor the work of legislation
The fear of radicalism on the part of
large business interests creates Il force
opposed to any amendment.
Formal amendment is not suitable to
bring about those slight but steady
modlltatlonS of fundamental law which
adapt IT to the proSrt sSive life of the
nation. 1T Is far too violent Il remedy
FOR that purpose. The method hy which
the Constitution has been amended dur
ing cur century of experience has the
entire approval Of the nations, and
must now be accepted as a part Of our
frame OF government of equal validity
with the constitution itself.
what is needed today is that the
constitution shall be applied to present
conditions by the same method it was
applied to the condition of the oldrn
times.
within the last 50 years economic
forces have been introduced into our
life that are as revolutionary of pre-
existing conditions as the introduction
of the gunpoWder was of the state
FcudalS. When the constitution was
adopted the unit of our social and
business life was the commemorative
Today our industry ard our commerce
are national The unit of commercial
ana Industrial organization extends to
many states. often to the entire nation.
Coincidcnt With this change has DC
Cured 4 revision in the state activi,
The doctrine of LaiSSeZ faire has been
abandoned and government is now
nr"Sent in all lines of business. When
the state regulated but. little, business
was not much concerned who did tine
regulating but now that all govern
m"ntS are competing in their zeal for
regulation, whether the nation cr the
states do the regulating becomes a mat
ter of paramount Importance
1T Is Impossible to maintain over
carriers the manifold control of tho
different states and the federal govern
ment because it is impossible to Scrar-
ate local from through business and
because whenever the state prcScribpS
q schedule of rates for local business it
thereby directly ana necessarily reGu-
latcs Interstate business as We'll. The
necessary consequence is that either
the nation must take control of COM
mcrce within the states or the states
VIII take control of commerce within
viii rc-estahlish state supremacy Over
interstate commerce. to prevent which
WAS the chief domestic cause for the
adoption Of the constitution. Hithcrto
state legislrtion has been inefficient and
for this reason alone its locaiiZatun
has not become manifest. 1t is now be-
coming organized. energetic and effect
i've. If continued it will work its newt
that of our commercial centers and
state governments. let their authority
:" Efficient, will represent their own
commercial interests. The national gov
crnment and the states cannot pro-
S"ri' rules to the same instrumentalit.-
without being brought into constant
conflict. This has already brought us to
the verge Of civil war in North Caro-
lima. and been the occasion of the
sharpeSt acrimony in other states Surit
Il conflict must in the end result in the
complete supremacy of me authority
or the other.
The constitution hy numerous provi-
SiOnS intends to abolish all the dis
abilities Of alicnag" among the different
states and render business free of ans
restrictions based solely upon the fact
Of alienage. These provisions. however.
have proven inadequate by reason of
the fact that our industrial business
has changed from the Individual to tn
corporation form. A corporation or
gained under one state is subject I'M
der other states to such conditions rs
they may SEQ fit to impose
'"rho truth is that the national gov
eminent has 50 long neglected its pow
crS under the commerce clause of the
constitution that now when If tardilv
takes up its duties it is charged by the
states with usurpation. Today those
who oppose the control by the national
government Of the business affairs that
have become national, raise the cry Of
'Fentralization. Capitalization has al
ready taken place out there in the
world of commerce and industry Tho
only question remaining is: Shall the
government take cognizance of the
fact?"