New-York tribune., 1907-06-25
KNOX TO YALE MEN.
SPEAKS At Law SCHOOL.
The Development Of the Federal
PO1cer to Regulate Commerce.

New Haven. June 24.-Before the graduating
class in the Yale Law School. Senator Knox dis
cussed to-day the questions relating TO federal
control over commerce. He pointed out with
exactness just when an act became a state af-
fair, subject to state control, or a national mat
ter, subject TO national control" In many cases.
he said the necessity TO exercise national power
over commerce arises largely out OF the failure
of the states regulate wisely great corpora
ttons created by and under the dominion Of the
states and engaged in interstate commerce.
For the country make real progress in need
full legislation. Senator Knox said II must move
wisely along legitimate lines" this is a
land of law we'll of liberty. and the liberty
Of the lawmaker is subject TO restraints as we'll
as is the liberty Of the individual" Congress
can do only what II is possible 10 do under the
powers delegated 70 1t by the body polite, which
is the people"
That the Congress of the United States has
no general legislative powers. but only such as
are granted to IL by the Constitution" Senator
Knox held. "is not d-fashioned and exploded
notion Quoting part Of Justice Brewers re-
cent opinion in the case OF Kansas agt. Colorado.
Senator Knox said. that IF in the future
further powers seemed necessary they should be
granted by the people Continuing, he said: We
cannot make progress in developing a body Of
substantive remedial law without an accusative
appreciation Of the restrictions upon both the
state and federal powers"
SENATOR KNOWS ADDRESS.
Senator knox's address follows in full:
Mr. President, Mr.. Dean and Gentlemen Of the
Yale Law School: There are no questions before
the American people to-day Of greater innortance
than those relating TO the federal control over
commerce
That power was granted chiefly as a SAFEGUARD
against commercial hostiues and reprisals be-
tween the states. 1t remained practically dormant
untl! comparatively recent 1t is now clearly
recognized as a great affirmative and constructive
power, not limited to composing differences be-
tween state laws and systems, but conetitutionaIlv
effective IN
region all It's own. In respects il may be said
70 be the greatest power lodged IN the General
government, and the possibilities of its application
are co-extensive with the possibilities Of the ex-
pansion Of the vast subject to which It applies
Nothing. therefore, is Of more consequence in
our governmental affairs than accurate under
standing of the scope Of the national and state
powers in respect TO commerce and the activities
reIated 10 commerce. for no effective regulation is
possible in either sovereignty II the power Of the
one could be usurped or obstructed by the other
This will be understood and conceded except bv
those who appear to think the federal government
can constitutonally accomplish everything that
seems good for the people, and constantly rais-
Ing expectations upon this line which cannot pos
sbly be fulfilled.
Notwithstanding the complex system: Of politv
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
subject and situation. All governmental authority
is included in one or the other, in both, of the
two sovereigntes which constitute the American
system.
The fact that the state governments are supreme
in state affairs and the national government su-
preme in national affairs does not result in the
deduction that there 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 question to when an act or transac-
ton is exclusively affair. subject 10 state
control. or national matter. subject national
control, is Of fact well law and IL can be
readily understood that the facts differ at different
periods Of our development and under different cir
cumstances relating TO the subject
POWER GIVEN BY CONsTIT1rTION
That which in the earlier period Of our history
national concern by the establishment Of CONNER
cial intercourse in respect it with other states
and foreign nations, or become national concern
because of conditions affecting the subject which
call for the exercise OF national power Heretofore
dormant. The power to regulate this Intercourse
commerce between the states the right 10 en-
gage in which tho Constitution did not create but
which existed the time Of It's adoption was given
the federal government by the Constitution
The constitutional power of regulation having
been granted 10 the federal government in respect
OF a subject naturally liable development and
change. Il can be said its authors contemplated 4
the power. but IN its application to the expanding
subject. When Congressional powers applied TO
conditions II is not, : II sometimes seems to
be, extension expansion Of the power but an
indication q change In or extension or expansion
Of the subject upon which the power operates
Neither the power to regulate commerce nor Fhe
conception Of its scope has expanded beyond it's
definition BY the Supreme Court when first
sid"red. nearly one hundred years ago 1t was
then pronounced complete in itself, that it NAV
Re exercised 10 its utmost extent and acknowledges
no limitations other than prescribed by tie
Constitution"
rncreial rcyycrl as evinced I'm the history Of the
Constitution. YVES establish perfect eQuaitT
aInorg the st'@lel states as 10 commercial rights
Continued fourth page.