The Birmingham age-herald., 1907-06-25
Orator of Day to the Yale
 Law Glass
CONTROL OVER COMMERCE.
Nothing Is More Important Than an Understanding of the Scope of National and State
 Powers.

New Haven. Conn, June 24.-The ora tor of the day of the senior exercises in the law school of Yale university this aft ernoon was United States Senator Finland CT Knox of Pennsylvania. and his subject was "The Development of the Federal Power to Regulate Commerce.
 He spoke in part as follows.
 There are no questions before the American people today of greater impor- tance than those relating to the federal control over commerce
 That power was granted chiefly as safeguard against commercial hostilitles and reprlsals between the states. It re- mained practically dormant until com paraticely recent years It is now clearly recognized as a great affirmative and con structve power, not limited to composing differences between state laws and sys- tems, but constitutionally capable of ef- fective and fruitful development in a re- zion all its own. In some respects 1t may be said to be the greatest power lodged in the general government, and the possibilities of it's application are CO., extensive with the possibilities of the ex- pansion of the vast subject to which it applies.
 Nothing, therefore, Is of more conse- quence in oud governmental affairs than an accurate understanding of the scope of the national and state powers in respect to commerce and the activities related to commerce, for no effective regulation is possible in either sovereignty if the power of the one could be usurped or obstructed by the other. This will be understood and conceded, except by those who appear to think the federal government can con additionally accomplish everything that seems food for the people and are con stantly raising expt.tations upon this line which cannot possibly be fulfilled
 Notwithstanding the complex system of polity which prevails in this country, the American people have a complete and entire system of government with all the powers necessary to deal with every sub ject and situation. All governmental au- thorty is included in one or the other, or in both of the two sovereignties which constitute the American system.
 Government Control.
 ''rhe fact that the state governments are supreme in state affairs, and the
 
 affairs does not result in the deduction that there are any affairs which may escape government control.
 While the constitutional powers of the nation and the reserved powers of the states remain ever the same, the ques- tion as to whe nan act or transaction is exclusively state affair. subject to state control or a national matter subject to national control, is one of fact as well as law and 1t can be readily understood that the facts differ at different periods of our development and under different circum- stances relating to the subject
 That which in the earlier period of our history was matter of state concern may become one of national concern by the establishment of commercial inter- course in respect to 1t with other states and foreign nations. or become a national concern because of conditions affecting the subject which call for the exercise of national power heretofore dormant. The power to regulate this intercourse or commerce between the states, the right to engage in which the constitution did not create, but which existed at the time of it's adoption, was given to the federal government by the constitution.
 The constitutional power of regulation having been granted to the federal gov ernment in respect of subject naturally liable to development and change it can
 
 spending enlargement; not, be it observed, In the power, but in it's application to the expanding subject. When congressional powers are applied 10 new conditions 1t is not, as it sometimes seems to be, an extension or expansion of the power but indication of change in or ex- tension expansion of the subject upon which the power operates. Neither the power to regulate commerce nor the con- ception of it's scope has expanded beyond it's definition by the supreme court when first considered, nearly 100 years ago. It was then pronounced Complete in itself that it may be exercised to it's utmost extent and acknowledges no limitations other than are prescribed by the constitu- tion."
 Power of Regulation.
 The national power of regulation should only bc invoked when necessity for regu- lation exists. Normally and honestly con- ducted commerce requires but little if any governmental regulation, and the failure by Congress to regulate inter state commerce is equivalent to a legisla- tive declaration that 1t shall be free. Abnormal conditions in commercial in- tercourse caused by monopolies, prefer ential service, rebates and the like de- stroy the normal operations of commerce and create the demand for federal regu- lation tc restore the rule of freedom and equality.
 Inc pressure of the accumulated evils and abuses of many years of inadequate ly regulated commerce in this country eliminated some few years ago in an imperative necessity for action to test the adequacy of existing laws to meet the situation. and the enactment of such additional ones as should prove to be nec- essary to restore and preserve freedom and equality in interstate and foreign commerce.
 The combinations to control the pro- ductiou distribution and sale of commod- ities which were to be subject of inter- state commerce; the combinations be- tween and the mer CTS of interstate rail- roads. designed to bring under one con trol the transportation business of large areas of the country; the unjust dis criminations to favored shippers and To- ca .ities, both in the carrying service and the rates charged therefor; the secrecy surrounding the operations of corporations rendering service to the public had ut rlv destroyed in many localities tho