New-York tribune., 1907-10-13
THE ANTT-FEDERALISTS.

in its last issue "Harpers Weekly takes us
to task for not understanding the attitude OF
the new anti-federalists. who, following eX-
Judge Parker's example, so greatly per
turbed mt what they call the 'usurpatiOns OF
the federal government. We took pains TO say
that a certain cloudiness in their logic made
il difficult to understand these 'neo-Calhouh-
ties. The editor of "Harpers Weekly con-
tends. on the contrary. that they are neither
cloudy in thought nor justly 10 be claSslled dS
CalhOunites. We called attention to Mr.. Par
kers assertions at Portland. Me, that at
''tempts TO despoil the states of the powers
land functions belonging TO them have created
Indignation and that the recent issue OF m
functions by The inferior fedora! courts re-
'straning the operation of the legislation OF
"a sovereign state seemed to some. doubtless
but the elimination of n series of assaults
''by the federal government upon the state gov
''ernmentS.' Several Southern and two Vest
crn Governors have complained bitterly of sucil
interference Yet though ex-JudGc Parker as
an anti-fedcralist sympathizes with this demon
stration of pain and annoyance he cannot as
a lawyer agree that it has adequate JUST
ficaton. since he admits that 'hy the Four
'tcanth Amendment the power has hecn con
"ferred upon the courts by the United States
ito set aside state statutes, and state consttu-
'tions as well, if they deprive any person of
life liberty or property without due process or
law
We urged that the neoCalhountes-those
who insist that the powers and functions OF
the states are being "usurped' by the federal
government-get together and agree or Il state
ment of wrongs. Chief Justice Walter Clark
of the Supreme Court of North Carolina holds
that the Supreme Court of the United States
exercises Il ''usurpeG" power when it invali-
dates an act of Congress Governors Glenn
and Conner believe that the lower federal courts
have no right 10 suspend the operation of Il
state law pending an inquiry 10 its consti-
tutiOnality. Mr.. Parker seemed TO intimate
in his recent jamestown exposition speech that
Congress had infringed on state rights when
it passed a law regulating hours of labor and
liabilities for injury on railroads engaged in
interstate commerce. But Governors Glenn
and Conner might not consider this clear case
of "usurpation." Let us have bill of particu-
lars and then we shall know for what the mod
ern ant-federalists really stand.
The editor of "Harper's Weekly says that
the Governors of Alabama and North Carolina
not friends but enemies of state rights
That is something specific But who are the
real friends of state rights and what is their
programme? Let "Harper's Weekly" answer:
They opposed TO the exercise by the states
of a federal power, as they are opposed to the
nation which neither state nor nation possesses
ana as they are opposed to the unwise and in
judicious exercise of a power which is otherwise
unquestioned
The new anti-federaists are for a Just dis
tribution" Of powers. But how is a distrbu-
ton of any kind TO be made unless some prn-
cple of Interpretation is laid down and fol-
lowed? Is the benefit Of the doubt to he given
to the state or the nation? The Constitution is
a living thing and its construction is n never
ending process. Do ex-Judge Parker and "Har-
per's Weekly want to devitalize it by going
back TO strict construction theories? DO they
want 10 undo history and reinvest the states
with all their lost assertions of sovereignty?
Some definite rule must be applied. They
should evolve such rule and then call CON
gress Of modern antifederallsts TO make it
uniform and binding.