The Birmingham age-herald., 1907-10-23
[ romlinson,s Speech.

was unwise on their part to seek to elimi- nate the states in the solution of it's prob lem under discussion, and cited the man. agement of the Mobile and Ohio as an illustration, which company, by trusting the people, made them the guardians of it's property rights from St. Louis to Mobile.
 "The answer to this question will very generally be in the affirmative, but in most instances with qualifications Those to be regulated will answer years, pro- vided there is to be regulation, and pro- vided further that federal shall exclude state authority. There is another class, believing in a centralized government, who will make the same qualifications; and there are those believing in our dual government who have been discouraged on account of complications of conflicting jurisdictions and delays incident thereto, and are inclined for that reason to want exclusive federal Jurisdictions. But the great conservative class in this country, knowing the value of the permanence Of their institutions ana government, will not favor the extension of federal to the exclusion of state jurisdiction, but will demand the retention and extension of both jurisdictions, within constitutional limitations, to the end that those to be regulated may be held in the legitimate channels of legitimate business, and, when engaged in public service, shall be held to a fair return on property invested at a fair valuation.
 "It will be very generally conceded, I think, that the accumulation of wealth in the few, and it's further concentration in gigantic organizations, doing and hand ling interstate commerce, has brought about conditions which did not exist in the early history of our country-intro- duced a new power in the land second
 sf,ft ar efficient government regulation; and l think it can be demonstrated that it will require both national and state author ity in dealing with the condition. In fact, fail to see why those advocating this needed remedy, desire to do away with either. If you have two remedies. is it not common sense to hold on to both, even though one is regarded more efficient than the other? Why proclaim want of power in the states, when Ala bama, Georgia, North Carolina, Arkansas, Missouri and Minnesota recently have en- acted and enforced laws giving substan- tial relief?
 Guaranty Is Needed.
 "Furthermore, what guaranty have the people that they would have effective federal regulation? The federal is not so close to the people as the state govern ment, and not so easily controlled by
  1y control the election in one Jurisdic- tion than in many, and would it not be a great temptation, where millions and millions of dollars are at stake, to resort to corrupt practices? Again, it is said that state authority is delayed and rem dered ineffective by injunctions, which is only partly true, as many railroads are obeying the state laws; but those who make this point must know that the same dilatory tactics would be available as to federal regulation, as federal courts then alone having Jurisdiction, would become so crowded with litigation as to cause delay equivalent to denial of relief. Ut is further argued on behalf of ex- elusive federal regulation that these or | ganizations, engaged in doing or handling nationwide interstate commerce, should not have to comply with the laws of the states in which they do business. Does not the business man of England, France or Germany have to obey the laws of the different countries in which he trades ? Does not the business man of this coun- try in taking advantage of the world wide business the nation has made for 1 him, have to obey the laws of the coun- | tries where he deals? Does he not, in some instances, sell in foreign countries at a ] higher price than to his own country men? Is it asking too much of him that he shall conform to the local laws of the states of his own country?
 National Incorporation.
 Tn the solution of these problems under discussion national incorporation has been suggested, but why the necessity Of this? Cannot the national government license and regulate under appropriate laws passed for that purpose, organiza- tions doing or handling interstate com merce as effectually as if they were in- corporated under national law? It is evil dent, therefore, that the only purpose of this step is to eliminate the states But a national incorporation law which failed to recognize the constitutional rights of the states in the premises. would be un- constitutional. And yet it has gone out from high authority in this country in the discussion of this subject, that sooner or later constructions of the con- stltutlon will be found to vest this power where it will be exercised by the national government'-'a method" said MT. Brice In his American Commonwealth, "discoy- cred by the ingenuity of lawyers to change organic law indirectly when if is known that it cannot be done directly"
 However much the delegates assem- bled here may differ in other matters. 1 feel sure that all will concur in this proposition: That in the solution of these problems as well as in the en- forcement of the plan adopted, the law shall be respected: that if our organic law needs to be, it shall be changed as prescribed by law; for if the law is not observed by those in authority, how can it be expected that the people will respect and obey? That the end to be attained is good is no excuse. History is full of examples of where the people have applauded illegal acts only later on to find like lawlessness visited on tn emselves.
 What Is Correct Solution.
 Assembled here in this great confer ence, l see presidents of our greatest institutions of learning, of our immense railroads, of our largest industrial cor porations, together with distinguished men from all walks of life, to honestly present from his standpoint d correct solution of these problems-may I ask you why is there any disposition to eliminate the states? Does 1t not grow out of distrust of the people? There is where I think a serious blunder is made in this country. While there are those who have no regard for the prop erty rights of others-who having no property of their own, would tax to the limit those who haye--yet such is not the average man.
 May l tell you here today-and I hope I shall never have occasion to have a different opinion of mankind that believe the average man, though of course more or less selfish, Is kind ly disposed to his fellowman, loves his family, his home and his country and when called upon to perform the duties of citizen, can be relied on to do what is right. I heard the president of one of our south ern railroads recently in a