New-York tribune., 1907-09-18
FOR THE CONSTITUTION.
P1RkER At J4MESTOWN.
C0ngressn1an Mccall Also Discusses
States Rights.

Norfolk Va Sept. l7-Former Judge Alton b,
Parker. Of New York and Samuel w Mccall.
member Of Congress from Massachusetts. made the
principal addresses a the Constitutional Day
celebration at the jamestown exposition to-day.
The ceremonies weree in commemoration of the
10th anniversary OF the adoption of the federal
Constitution by the Constitutional Convention of
17S7. over which George Washington presided. The
exercises took place in the main hall Of the audi
torium.
Judge Parker. speaking with great force and
earnestness, said In part:
The President, in 2 address. said: There
power Of supervision and control railways
doing interstate business. II must possess the
ance Of stocks and bonds either through national
incorporation (Which ! should prefer or in some
= he able 10 prevent all overcaptazation in the tut
ing others by loading railway properties with ob-
cations and pocketing the money instead Of spend
rsiirosds ffey have crsa4ed in order that such
ca-iers nav hecome fe6eraI i railroads subject
only 70 federal control and regulation. --
should empower the 1nterstete Commerce Conln'is
sion TO make physical valuation OF railroad
with the rights Of the wage workers employed by
of labor Of railway employees should re SIrenstn,
ened: that the national employers LIABILITY act
8oo and n fbaf aba more na6naf goTnent should
deal with questions affecting the public health.
LEGISLATION BY THE STATES
But some at least If not all OF the states have
Pased statutes regulating hours O. labor, some
the constitutionalty Of such acts has been estab-
@ 1s p2ae 2a IT oTt @ 9 @ he hsd e et to s MAKE % reguis
tions affecting the health Of the people is within
tie tie RouTseent PS1Tf Tel A@endment M aa TSS's anu
I Venture 10 say that it has never occurred 70
any student Of the Constitution that these powers
which have been exercised by the states as within
federal government for more than century, are,
after all within the spirit and purpose OF the COM
~, s3cf cIsir Is serfeIIzfT made The claim rnado
n effect IS That the federal soverInent should have
hence the federal government through its various
Departments should boldly take them.
To evidence that do not overstate the nature OF
claim increased federal power. quote again
we need through executive. action. through leg
tslatfve and through judicial Interpretation and
federal government II We fail thus 10 increase II
we show our impotence"
Of pl1rposef1i and resouroeful man. Let US ana
~ There is an admission that the Constitution
does not confer the powers which the Executive
C2) Nevertheless Il is his opinion that the fed
eral government should employ such powers as if
6l And when. After amendment by the people.
tuition as their safeguard against usurpaton? Not
At all But now and without the sanction Of the
t5 And how. if the authority be not granted to
the feoersi government and It Is not proposed TO
ave she asserffon@in effect is that il must be sc
conplished by usurping the desired powers
IS the usurpation to be effectuated? The answer
Is clear and emphatic: It contains an executive
ernraent should participate in II. through execu
caI Interpretation and construction Of law"
80 And that there may be doubt of the execu-
ernnlent should they fan perform well their part
in the task allotted by him. and no misunderstood
power. ne announces that IF fan''-to do what?
But on the PaTs e fail thus to tot increase @
II EVe show our impotence" That is, II we fail
tive and judicial action we show our impotence.
FEDERAL INCREASE OF POWER
We have frankly outlined the view and purpose
Of the EXECUTIVE II is his view that the federal
POWER which is now and from the beginning has
been only exercised by the states but deliber
the national government was created.
True, there Is way transfer that power from
wish il But that would take time and labor And
again il may well be that no amount OF labor would
home rule powers in sufficient measure TO meet the
sites. These considerations may have had weight
in determining his present action. But be that
crease.' Ct the federal power now not through the
action Of the people but through the action Of the
The states and the people undertook by the Con-
tituton TO TX the boundaries of each OF the great
departments Of government beyond which neither
could pass. Upon the Executive legislative or
70 take that the laws be faithfully executed,
and TO protect and defend the Constitution of the
United States" BY what process Of reasoning the
Executive has reached the conclusion that for
the various departments of the federal government
70 seize power granted by the states and the
people is to protect and defend the Constitu-
by some route, hfs character man. his career
az official and the boldness Of his advocacy
attest He is not attempting 10 acquire power by
states what he thinks ought TO be done and how
r proposes IL shall be done
With equal frankness those OF us who have widely
different views who love the Constitution and
revere nor alone tie memory but the wisdom or
in trainers. who believe that the powers were
wisely distributed between the states and the fed
eral government. and deem that all past history
proves # should speak. Many Of the people have
found time study the history and the genesis
% the Constitution. Hence they have no adequate
conception Of the peTils the trainers sought 10
avoid by keeping the power to add TO or take
from the powers granted 10 the several depart
ments Of the government in the exclusive pos
session and control OF the people. They are tneIe-
fore. naturally inclined 70 be impressed with the
suggestion that -he Constitution did very wen
when il was made but that we have outgroWn III
and hence the representatives of government ana
fhe people may well change 1t al their
pleasure
PLEA FOR THE CONSTITUTION.
- fhsn. there immediate danger of an
effective seizure OF powers we should 10 protect
the assault of the New Federdl-