Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-19
DISREGARD OF THE LAW
Publisher Openly Expresses His
Fear of Capitalization.
THEORIES AND PRACTICES
Wide Inconsistencies Between the
Presidents Ideals and Professions.
ATTITUDE TOWARD THE STATES
Harrisburg Speech Indicates That
More Federal Authority is to Be
Taken, It is Alleged.

In lengthy address before the
Sons of St. Patrick at Charleston
S. c., last evening, Col. G. B. NJ
Harvey bitterly upbraided President
Roosevelt for the attitude which he
has assumed toward the American
people, and intimated that he has
been tampering with the Supreme
Court. H casks if the American peo-
pie shall rule, or be ruled; he de-
clared that now that the Constitu-
ton has sunk to the level of "mere
abstract theory it is not surprising
that the President should utterly
ignore the fact that such powers as
are now vested in the federal gov
eminent were held originally by the
states, and were surrendered volun-
tarily by them for definite purpose,
and that all others were specifically
reserved, and he points out the
danger and hostile legislation which
have already come out of declara-
tons of the President and the
warnings Of the Secretary of State.
CHARLESTON, 8. c., March 19.-Col
G. B. NJ. Harvey of New York, in lengthy
address before the Sons of st. Patrick here
last evening, roundly scored President
Roosevelt for his attitude toward the
American people and many other things.
He said, in part:
"One overpowering question now con-
fronts the American people Shall they
rule themselves or shall they be ruled :?
Shall their sovereignty continue to be
popular, however inadequate, or become
paternal, however beneficial? Shall 1t be
a government Of the people or by the peo-
pie; a government based upon principle or
a government relying upon expediency?
THE results that have ensued from the
plan of the founders of the republic even
to the excessive prosperity of which, hap
ply we are now able to complain, would
seem to prove the wisdom of the conclu-
sion reached by those elder statesmen,
and yet we are told by those now in ex-
ecutive authority that the time has come
when the great body of citizens, convinced
or the essential 1nadequacy of that orig
lnal policy to meet the requirements of new
conditions, demand that the pendulum be
swung back and that the federal govern
ment De vested with plenary power Sec
rotary Root marked the tendency and
president Roosevelt in his speech at Har-
rlsourg not only accepts, but reaches ca yer.
ly for the responsibility
Is the Court PackedP
constructions of the Constitution are
made by the Supreme Court. The iustices
comprising that august tribunal designed
by the fathers to hold final authority ex-
| ceeding that Of either the executive or the
Congress, are named by the President. One
| member of the cabinet in avowed sympatbv
with the tendency noted by the Secretary
of State has just been designated: another
| 1t is well understood, awaits appointment
as chief justice. A member Of the great
court nominated by the Chief Magistrate.
who voted against the contention of the
administration in a famous case, was de-
nounced as 'dis1oyal.' What are we to in
fer? That constructions of the Constitu-
ton will be found sooner or later by JUS
tees of purely judicial temperament, bent
solely upon correct Interpretation, or by
prejudiced puppets of the executive arm of
the government?
1--WE need, through executive action,
through legislation and through judicial in
depreciation and construction Of law, to in
crease the power of the federal govern
ment. If we fail thus to increase it, We
show our Impotence
Again, he Endorsed the explicit declara-
ton:
Whatever can be safely left to the
states should be left to them, but where
| the interests of the nation require action
on the part of the federal authorities, such
action should not be withheld on the
ground of mere abstract theory
Mere Abstract Theory.
1.-THE Constitution having sunk to the
| level of mere abstract theory 1t is not
| surprising that the President should ut
| terly ignore the fact that such powers as
are now vested in the federal government
were held originally by the states and were
surrendered voluntarily by them for a
definite purpose. and that all others were
| specifically reserved. In the phrase what
| ever can safely be left to them, we find a
plain implication of purpose not to ask that
additional authority be delegated, after the
|
to take it virtually by force. This is very
far from being mere disregard Of abstract
| theory; 1t is in fiat violation Of solemn
| compact, frankly derisive of the binding
| force of contractual obligations, and is
! based upon the false and dangerous assump-
| ton that it is the nation, and not the
states. that possesses the right to give OF
| take away
| I'VE have no need to inquire who is Il
| determine when and in what respect loca
] governments shall have failed to perform
| their functions properly; there is but one
| fount of true wisdom, but one abiding place
| of relentless virtue left to this benighteG
| land.
| ut is no cause of surprise, therefore
| that such a ruler should telegraph his cabi
| net ministers:
| CT do not care in the least for tn.
| fact that such an agreement Il nnconsti
| tutional.'
The Constitution Spat Upon.