Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-03

llof national control. ana huSidinS tN-
cry exercise OF national power which
has any reasonable relation TO IA
tional objects. The negation Of this
theory means. for instance. that tht
nation-and that we. the ninety mil
lions Of people of this country-will be
left helpless 10 control the huge cor
porati0ns which now dOmineer IN oui
Industrial life. and hat they will have
the authority Of the courts 10 work
decision would In the end be as dis
astrOus FOR them as for Us. n the
Theory OF the Marshal school prevails.
then an immense field Of national
power, now unused. viii be developed,
which VIII be adequate for dealing
with many. ir not all Of the economic
( problems which VeX US. and we shall
be saved from the Ominous threat Of
a constant oscillation between econo-
mic tyranny and economic chaos. our
industrial. and therefore our social.
future ~ n nation depends upon set
Ting Alright this urgent question.
Tho Issue of State Control.
The constitution Is unchanged and
interchangeable except by amendment i'm
due form. But the conditions 10
which il Is TO be applied have under
gone a change which is almost =
transformation, with the result that
many subjects formerly under the
control Of the states have come under
the control of the nation. As one of
the Justices of the supreme court has
recently said: The growth Of ma
tiOnal powers, under our constitution.
which marks merely the great outlines
and designatcs only the great objects
Of national concern. Is to be compared
to Ihe growth of a country not by the
geographical enlargement Of It's
boundaries. but by the increase of its
.aL.-.uasF-.. 90 H-. -
there was. except the which
crawled along eur %seacoast or up ana
down our interior waterways, practi-
Cally no interstate Now.
by the railroad, the mails, the telc-
graph and the telephone an immense
part Of u commerce Is interstate.
BY the transformation IL has escaped
from the power OF the state and come
under the power of the nation. There
fore there has been a great practical
change in the exercise of the national
power. under the acts Of congress.
over interstate commerce, while on
the other hand. there has been no
noticeable change in the power TO
regulate commerce with foreign ma
lions and with the Indian tribes" Tho
change as regards interstate COM
morco has been, not in the constitu-
ton, but In the business of the peo-
pie 10 which Il Is TO be applied. our
economic and social future depends
IN a very large part upon o the in
terstato m power of the ma
ton IS interpreted,
I believe that the nation has the
whole governmental power over inter-
state commerce and the widest discre-
ton in dealing with that subject. OF
course under the express limits pre-
scribed in the constitution for the
use Of all powers, such for instance
as the condition that "due process OF
shall not be denied. The ma
tion has no direct power over purely
intrastate commerce. ever where 1t II
conducted by the same agencies which
conduct Interstate mmcrce The
courts must determine what IL ma
and what Is state commerce.
The same reason which sustained the
power Of congress 10 incorporate the
United States bank tends 10 sustain
owe TO incorporate an inter-
state railroad, or any other corpora
lion conducting an interstate business.
Suggests Constitutional Amendment.
There are difficulties arising from
our dual form OF government. If
hey prove to be insuperable resort
must De had 10 the power of amend
ment. Let us first try TO meet them /,
by an exercise OF All the powers OF :
he national government which In the
spirit Of broad Interpretation
be found In the constitution as II
s. They are Of vast extent. The chief
economic question OF the day In his
'ountry IS To provide "a sovereign for
he great corporations engaged in iu-
erstatc business. that is. for the rail-
and the Interstate Industrial
At the moment oar
concern Is with the railroads
railroads were first built they !
a-a.A.NaM NLA.N A.. 40
oundaries were not CO-eXtensiNc ven
nth the boundaries Of one state. They
sually covered but two Or three !
All this has now changed. A.
resent v great systems embody !
early four-hfths OF the total mileage y
{ the country. All the most import q
nj railroads are no longer state =
Dads, but instruments of state COM
lercc. Probably So per cent OF their y
Is Interstate business. 1t Is \
nation alone which can with Wis !
ON, Justice. aud effectiveness exercise v
yer these interstate railroads the y
borough and complete supervision =
hich should bee exercised. one OF -.
chief, and probably the chief. Of 7
domestic causes for the adoption y
T the constitution was the need to !
onfer upon the nation exclusive con- !
'ol over Interstate commerce. But y
grant Of power b. worthless unless W
is held to confer thoroughgoing and I"
lmplcte control over practically the
Die instrumentalities OF Interstate "
lmmercc-thc Interstate railroads "
he railroads themselves have been '
>%ccedingly shortsighted In the ram y
lrous bitterness which hey have y
lown against the resumption by the ~
alton of this lonE-ncglcCted power y
rcat capitalists. who pride thcm- ~
Ives upon their extreme couserva- ~
sm. often believe they are acting ian A'
.e Interests of property when fol- %
wing "a course so shortsighted as 60 "
really an assault upon property =
ley have shown extreme unwisdom N
their violent opposition OF CONF al
control over the railroads by the y.
government Tile American W.
.ople viii bot tolerate the h~appy-go. ~
ckN system of no control oven the ~
Interstate railroads. with the ~
solent and manifold abuses which
$50 generally accompanied 30. Thu
ntrui must exist somewhere. and
less 30 b. hy thorough going and rad ni
u law placed upon the statute books o,
the nation. DO viii be- exercised in g.
er-inCrp1eiug measure by the sey- M
Al states The samt considerations y.
mn made the founders OF ths cor ~
tuition deem 10 Imperative that tia NJ
ton should have complete control An
Interstate commerce Apply with ne AT
liar NnrrU ga ia. ..ufr.H .F H- na