The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-25
POWER COMPLETE
Senator Knox Addressing the
Yale Law Class
Says Nothing Can Escape Con-
troll of Government.
STATE OR THE NATION
One or the Other of These Can
Always Reach Abuses.
Legislation But an Expansion
of What is Inherent.
STATE OR THE NATION

New Haven, Conn, June 25.-The or
ator of the day at the senior exercises
| in the law school of Yale university
was Senator Philander Knox, of Penn
sylvania, and his subject was 1.-The De-
velopment of the Federal Power to Re
gulate Commerce.
He said in part:
Mr.. President, Mr.. Dean and Gentle
men of the Yale Law School: There
are no questions before the American
people today of greater Importance
than those relating to the federal con-
| troll over commerce.
That power was granted chiefly as a
| safeguard against commercial hoStili
| ties and reprisals between the states.
| 1t remained practically dormant until
| comparatively recent years. 1t is now
| clearly recognized as great affirmative
| and constructive power not limited to
| composing differences between state
laws and systems, but constitutionally
| capable of effective and fruitful devel
| opment in a region all its own. In
| some respects it may be said to be the
| greatest power lodged in the general
| government, and the possibilities of its
| application are co-extensive with the
possibilities of the expansion of the
vast subject to which it applies
| Notwithstanding the complex system
of policy 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 gov
| ernmental authority is included in one
or the other, or in both, of the two
sovereignties which constitute the
| American system.
The fact that the state governments
| are supreme in state affairs, and the
national government supreme in nation
al affairs does not result in the deduc-
! ton that there are any affairs which
may escape government control.
While the constitutional powers of
| the nation and the reserved powers of
| the state remain ever the same, the
| question as to when an act or transact
ton is exclusively a state affair, subject
to state control, or a national matter,
subject to national control is one of
fact as we'll as law, and it can be read
lily understood that the facts differ at
different periods of our development
and under different circumstances relat-
ing to the subject.
Power to Control.
That which in the earlier period of
our history was a matter of state con-
Germ may become one of national con-
Germ by the Enlistment of CONNER
cial intercourse in respect to it 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
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 fed
eral government by the constitution.
The constitutional power of regula-
ton having been granted to the federal
having been granted to the federal
government in respect of a subject
naturally liable to development and
change, it can be said its authors con-
templated a corresponding enlarge
ment; not, be it observed. in the pow
err but in its application to the ex-
panding subject. When congressional
powers are applied to new conditions it
is not. as it sometimes seems to be-
an extension or expansion of the pow
err but an indication of a change in or
extension of the subject upon which
the power operates. Neither the pow
er to regulate commerce nor the con-
ception of its scope has expanded
beyond its definition by the supreme
court when first considered, nearly one
hundred years ago. 1t was then pro-
nounced complete in itself, that it
may be exercised to its utmost extent
and acknowledges no limitations other
than are prescribed by the constitu
ton"
The necessity to exercise the nation
al power over commerce arises largely
out of the failure of the state to regu-
late wisely great corporations created
by and under the dominion of the
states and engaged in interstate COM
known abuses which affect interstate
commerce, and thereby created the
necessity for the exercise of federal
regulation to prevent the abuse.
federal regulation almost always
springs from causes the states could
have prevented.
Abnormal Conditions.
The national power Of regulation
should only be invoked when necessity |
r1Il
honestly conducted commerce requires
but little If any governmental regula- |
ton and the failure by congress to |
regulate commerce is equivalent to a 1
legislative declaration that it shall be |
free Abnormal conditions in CONNER |
cial intercourse caused by monopolies |
preferential service, rebates and the |
like destroy the normal operations of |
commerce and create the demand for
federal regulation to restore the rule |
of freedom and equality.
The combinations to control the pro- |
duction distribution and sale of COM |
modities which were tc be subjects of |
interstate commerce; the combinatio
between and the mergers of interstate |
designed to bring under one
control the transportation business OF |
large areas of the country; the unjust
to favored shippers and
localities. both In the carrying service
and the rates charged therefor; the Sc
crecy surrounding the operations of cor
porations rendering service to the pub
lie had utterly destroyed in many To-
calities the ability of other persons and
to engage in commercial COM
petition with the favored ones who en-
loved such unfair and illegal advan-
tages.
First the scope of existing laws was
tested through a series of suits. These
suits had for their main purpose to de-
termine the effectiveness of existing
statutes to reach new types of combi-
nation to restrain the free-play of the
q
devices which had
sprung from fertile and experienced