New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-12
BACK TO CONSTITUTION.
Er-Judge Parker Speaks against
ETtenSiOn of Federal P01Uer.

Ertensi0n of Federal Po1cer.
Hendersonville. N. c.. July 1.-THE feature of
the session of the North Carolina State Bar
Association to-day was the annual address de-
livered by ex-Judge Alton B. Parker, OF New
York, whose topic was 1.-The Common Law Juris-
dictior of the United States Courts" He dis
cussed the alleged tendency to extention of fed
eral power at the expense of the states, saying,
in part:
What the effect has been Is well illustrated by
remark made to me the other day by business
OF more than average intelligence: THE Con-
stituton did very well when it was made. but 1t is
OF date now, and must be ignored when II
stands in the way OF things want" He neither
knew cared that the fathers had provided Tor
it's amendment to meet further necessities He did
not realize that this very Constitution Is the char-
of the peoples liberties; that through 1t. and
through 1t alone. have the people the power to
check encrOachments by the legislative. the ex-
ecutive and the judicial departments OF the gov
eminent, either upon each other upon the re-
served rights of the people; either individuals or
gathered into states; that any unrebuked and I'M
checked attempt to exercise powers not granted to
department Of the federal government ls a serl-
menace scheme of government. in that
1t creates a precedent which may be taken adVah-
tage of later.
That my business friends echo of the now time
! honored formula. What is the Constitution be-
tween friends?" is more generally shared than
thoughtful men wish is evidenced by the an
swer 10 or rather the failure 70 answer susses-
tons openly and boldly made to practically destroy
local state government by extending through Con-
gressonal enactment and judicial construction the
commerce and postroad provisions of the Constf-
tuition. SO to extend the powers actually granted
bv tho Constitution as IN take away power eX-
preSsy reserved to the states the people seems
TO the unthnlung not deliberate violation or the
Constitution. But they mistaken The phrase
is fraudulent employed to deceive the people
It's purpose is to hide the real intent whch ls 20
modify the Constitution by other and different
methods than that provided in the constitution
itself namely by the action OF the people or the
United States Clearly then II is fortunate that the
/ common law rule of construction which has ever
been employed by the courts of this country, both
federal and state required the federal court to
take into consideration when constituting the Vari-
Gus provisions OF the Constitution the circum-
stances surrounding and attending It's making
A government OF law, not Of men, was the aim
of the fathers. All hstory-conhrmcd by some that
is very recent and very painful-had taught them
that man cannot be trusted TO govern his 1eIoW
man; that nearly all in the possession Of great
power have favortes 10 reward and enemies TO
punish; that equality in enjoyment or Ire ana
property well equality OF opportunity, is
best secured by sound legal principles administered
by judges whose highest ambition is TO work out
justice under the law.
But the campaign against the governmental plan
Of the fathers IS on and has for several years
1t has for its leader the most accomplished politi-
clan OF our history. Behind him and backing him
stand these corporations of the country which
engaged in interstate commerce and insurance
Their is that II Is easier deal with one
government than with many. II is not their pur-
pOse 10 submit proposed amendments of the Consti-
tuition the people the Constitution provides-a
procedure with which could find fault. as II
offers opportunity for discussion before the peo-
pie prior their action. Rather II is their scheme
accomplish the Capitalization OF power by uncon-
sttUtional, and therefore dishonest methods. These
include Congressional legislation assuming powers
not granted. but expressly retained either 10 the
states the people: executive exercise OF powers
granted. and the seizure in form or an
other. of powers belonging to other departments Of
government the substitution Of statutes for COM
mon law.
Statutes innexible and cannot be expanded
by judicial decisions Legislators and executives.
therefore, who filed with tho desire TO con-
troll and regulate and affairs, ind in statute
the ideal method OF accomplishing their wishes
The objection TO overabundance OF legislation
by those who desire justice rather than personal
control. is that the who draft the statutes
cannot foresee the cases that will arise which do
not come within the letter OF the statute. II IS
for the opposite that the common law Is
dear 10 the hearts OF all students OF 81 II -
flexible. Il be made applicable to every new
condition which may arise and IN every instance
can be worked out according to the eternal princ-
pies OF justice.
Herein we find a reason for the action on the
part Of those Interested in tho scheme TO CEN
fralize power IN the federal government II was
their theory that so long as Congress omitted TO
legls!ate with reference to Interstate commerce,
there was no law 10 protect those who were
wronged by those engaged in interstate commerce.
But as We have seen the Supreme Court decided
that they were mistaken that tho common la . Sd
apply and would continue to apply until Congress
should by legislation supersede some or any por-
ton OF Il by its statutes.
Thus Il happens that in both state and national
governments, whenever there arise controversies
which are not within the purvtew of statutes. they
are still governed by law. And that law is the
common law, "a 10 which may with all our
said: That tho liberty, the unalenable, indie
feasible rights of men, the honor ana dignity or
human nature the grandeur an dglory Of the pub
lie and the universal happiness of individuals we're
never SO FULLY successfully consulted as In this
most excellent monument Of human art. the COM
mon law OF England